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Luna Meubel Vervaardigers (Edms) Bpk v Makin and Another (t/a Makin's Furniture Manufacturers) [1] is an important case in South African civil procedure: the leading case, in fact, on the question of how and when an urgent application may be brought. It was heard in the Witwatersrand Local Division by Coetzee J on December 13, 1976, and ...
A motion to postpone an action or event that was previously scheduled is distinct from the subsidiary motion to postpone to a certain time, and is a type of the motion to amend something previously adopted. [3] Generally, a motion to postpone is applied to a main motion and not to other motions alone. [4]
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 ...
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An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
The federal judge in Florida who approved the warrant for the FBI to search former President Donald Trump’s Mar-a-Lago estate has scheduled a Thursday hearing on a motion to unseal the affidavit ...
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A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...