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It is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations , a statutory defense, which traditionally is a defense to a claim "at law".
These probate statutes are less controversial than statutes of repose in injury and product liability cases, as public policy favors the distribution of estates to the heirs with all deliberate speed, and weighs against reopening estates trying to recover money from the heirs to whom it has already been distributed. [citation needed]
The cause of the delay. The defendant's assertion of his rights to a speedy trial. The presence or absence of prejudice resulting from the delay. Appeal Courts routinely reject Sixth Amendment challenges to a speedy trial, after a criminal conviction. [22] [23] The case of United States v. Loud Hawk [24] did not consider a 90-month delay in ...
Justice Wilson flatly stated: "[A] month's delay is normal. Two months delay is long. And three months is too long." [30] Efficiency in the making of judicial decisions — and the avoidance of undue hesitancy while maintaining the accuracy and integrity of the decision-making process — implicates law and ethics. When faced with inordinate ...
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
The town’s auxiliary judge, Frank Manni, was appointed interim probate judge. This article originally appeared on The Providence Journal: Ethics complaints against RI judges are dealt with in secret
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered.
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