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The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court. [1] The Florida Supreme Court adopted the Florida Rules of Civil Procedure in March 1954. [2]
Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure. The rule is quite straightforward; its court room application is mostly exactly as stated. Motions to set aside judgment in criminal cases are rare: in U.S. jurisprudence the writ of habeas ...
Renewed JMOL is decided after a jury has returned its verdict, and is a motion to have that verdict altered. In US federal courts this procedure has replaced judgment notwithstanding the verdict (JNOV) through Rule 50 of the Federal Rules of Civil Procedure. [1] Renewed JMOL can only be raised before a jury begins deliberations.
In parliamentary procedure, reconsideration of a motion (or reconsideration of a question) may be done on a matter previously decided. The motion to "reconsider" is used for this purpose. This motion originated in the United States and is generally not used in parliaments. [1] [2] A special form of this motion is reconsider and enter on the ...
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 ...
Rehearing may refer to: In law , a rehearing is a procedure where a tribunal reconsiders a matter after previously conducting a hearing on the same matter Parties generally request rehearings by filing a " petition for rehearing" or a " motion for rehearing"
Rule 36(a)(1) [1] limits the types of requests to be limited to (A) facts, the application of law to fact, or opinions about either; and (B) the genuineness of any described documents. However, the rule places no limits on the number of requests which may be made of either litigant. State court rules, however, may be stricter than this.
These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process ...