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The pandemic caused a number of trial delays — contributing to increased case backlogs — which are further exacerbated by the judicial vacancy crisis in New Jersey brought on by retirements ...
Certain pretrial delays are automatically excluded from the Act's time limits, such as delays caused by pretrial motions. [9] In Henderson v.United States, 476 U.S. 321, 330 (1986), the Supreme Court held that § 3161 excludes "all time between the filing of a motion and the conclusion of the hearing on that motion, whether or not a delay in holding that hearing is 'reasonably necessary.'"
For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance ) of criminal proceedings, when the accused is either remanded in custody or on bail .
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 ...
The Judiciary would get about $895.5 million in the governor’s proposed budget. This is about $10 million — or 1% — less than what the state's court system received in the 2024 adjusted ...
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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 ...
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative ...