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A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
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 ...
Sean 'Diddy' Combs files to dismiss inmate's restraining order. In a separate motion, Combs is seeking to remove the temporary restraining order Cardello-Smith was granted in Monday's default ...
The most support a motion to dismiss received was 10 out of 30 senators. Skip to main content. Sign in. Mail. 24/7 Help. For premium support please call: 800-290-4726 more ways to ...
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
When a dispute arose under the contract, the Texas corporation filed suit in the United States District Court for the Western District of Texas, invoking that court's diversity jurisdiction. [3] The Petitioner moved to dismiss the suit on the grounds that venue was "wrong" under 28 U.S.C. 1406(a) and "improper" under Federal Rule of Civil ...
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...