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In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
Any objection to removal must be presented to the federal court by way of a timely-filed motion. Apart from motions brought by the parties, many federal district courts screen notices of removal for facially obvious defects and when they catch one will issue a sua sponte order to show cause directed to the moving defendant.
North Carolina allows any provider or hospital with an opposition to abortion to opt out of the performance of abortion procedures through "conscience protections." [34] [45] North Carolina banned abortions performed after 20 weeks gestation from 1967 to 2019. [46] [44] Before Roe v. Wade (1973) was overturned in 2022, abortion pre-viability ...
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 ...
However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits. [13] The judge must set forth, orally or in writing, his or her reasons for granting the continuance. [14]
UK courts also maintain an inherent jurisdiction to manage legal proceedings before them, [3] but it is rarely exercised. Stays of proceedings are usually made under case management powers, [4] and may be ordered upon the application by one of the parties or by the court's own motion (the latter being infrequent).
The United States District Court for the District of North Carolina was established on June 4, 1790, by 1 Stat. 126. [3] [4] On June 9, 1794 it was subdivided into three districts by 1 Stat. 395, [4] but on March 3, 1797, the three districts were abolished and the single District restored by 1 Stat. 517, [4] until April 29, 1802, when the state was again subdivided into three different ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.