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An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
Robert's Rules of Order Newly Revised allows this motion to be used if the occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly. [1] If the chair is the regular presiding officer, the motion to declare the chair vacant cannot be used. [2]
In 1946, Congress amended the Federal Rules of Civil Procedure and specifically abolished the writ of coram nobis in federal civil cases.Prior to enactment of these amendments, Congress reviewed all relief previously provided for civil cases through the writ of coram nobis and adopted those avenues of relief into the rules; therefore, eliminating the need for the writ in federal civil cases. [25]
The motion to vacate rule currently allows just a single member of Congress to call for a no-confidence vote against the speaker. The new agreement raises that threshold to nine. The new agreement ...
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 ...
Jul. 7—Issue 1, up for a statewide vote on Aug. 8, proposes making it harder to pass a constitutional amendment and making it harder for citizen-initiated amendments to get on the ballot in the ...
A motion to vacate may refer to either: A legal motion seeking vacatur of a judgment or other ruling; A motion to vacate the chair, seeking removal of a legislative ...
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
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