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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.
On October 3, 2023, the United States House of Representatives voted to remove its speaker, Kevin McCarthy of California, through a motion to vacate [a] filed by Representative Matt Gaetz of Florida, a fellow member of the Republican Party. McCarthy's removal marked the first time in American history that a speaker of the House was removed ...
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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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, ...
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 ...
For premium support please call: 800-290-4726 more ways to reach us
For premium support please call: 800-290-4726 more ways to reach us
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related to: california motion to vacate template florida