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A motion or application for leave is a motion filed with the court seeking permission to deviate from an established rule or procedure of the court. [ 1 ] The most common use of a motion for leave is to seek an extension to an already-passed time frame to amend a court pleading , which is allowed once under the Federal Rules of Criminal ...
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 ...
In the courts of the State of Texas, a jurisdiction whose rules of civil procedure differ considerably from the Federal Rules of Civil Procedure, a nonparty may intervene in a pending lawsuit by filing a pleading, which is typically called "plea in intervention" or "petition in intervention" without leave of the court, but any party in the ...
After a motion is placed before the assembly, permission from the assembly is required to withdraw it or modify it. [11] Sometimes a "friendly amendment" is requested on a pending motion. If the motion is before the assembly, only the assembly (not the maker of the motion) could modify it. [12] However, it can be settled by unanimous consent. [3]
A more typical finding is seen in Swindler v. State, [34] a 1991 case from Arkansas that upheld the death penalty and rejected challenges to jury bias and change of venue motion where three jurors were seated who had read and heard about the case, and over 80% of the jurors called were excused for cause. Extensive case law is discussed.
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In law, a reply is a legal document written by a party specifically replying to a responsive declaration and in some cases an answer.A reply may be written when a party or non-moving party (the party who is not requesting relief from the court) is asserting a counterclaim or the court has ordered a reply.
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