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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 ...
Pursuant to California Rule of Court 3-1345 a motion to compel must include the following parts: (c) Contents of separate statement A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.
Depending on the nature of any given asset, there are ways to avoid probate. Probate is the process of managing and distributing someone's assets after they have died. For someone who dies with a ...
Black's Law Dictionary (8th ed. 2004) defines "motion in limine " as "a pretrial request that certain inadmissible evidence not be referred to or offered at trial." They are made "preliminary", and are presented for consideration of the judge, arbitrator or hearing officer, to be decided without the merits being reached first. [1]: 791
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
So the California courts allow a defendant represented by court-appointed counsel to directly communicate with the trial judge in the context of a Marsden motion, and only in such a context. A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney ...
In cases where there is little hope that the accused's health will ever improve, and continuance can properly be denied. Notable is a case of an 80-year-old man who had many delays due to a chronic medical condition. In his trial, the judge ruled there was little hope he would ever be in a better condition, and denied the continuance. [73] [74]
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related to: motion without notice of hearing california probate case