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It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Criminal defendants routinely seek to dismiss charges, which judges rarely do. But charges against Baldwin were dropped once already and the trial of Gutierrez was Hollywood's first for an on-set ...
For example, if a defendant left an important document at home that was needed for the court hearing, the court may assure them that continuing the proceedings to a future date will not prejudice them in any way—that is, that it will not affect the court's judgment in a way that disfavors them. Or a court may assure a litigant that agreeing ...
The court did not dismiss the indictment, saying in its opinion issued Thursday: "While this is the rare case in which DA Willis and her office must be disqualified due to a significant appearance ...
Baldwin's attorneys allege prosecutorial misconduct, saying his 'rights have been trampled to the extreme.' The actor's criminal trial is set for July 10.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
A federal judge recently dismissed two felony charges against two former Louisville, Kentucky, police officers who were involved in obtaining the search warrant for the 2020 drug raid that killed ...