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Short title: Microsoft Word - MTF MTD v4.docx: Author: DMetcalf1: Software used: PScript5.dll Version 5.2.2: Conversion program: Acrobat Distiller 15.0 (Windows); modified using iText® 5.5.9 ©2000-2015 iText Group NV (AGPL-version)
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
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 ...
Special counsel Jack Smith on Monday filed a motion to dismiss President-elect Donald Trump’s Jan. 6 criminal indictment for allegedly defrauding the United States, conspiring to obstruct ...
Trump's lawyers in October filed several motions to dismiss the case, citing a series of constitutional grounds, including the First Amendment, double jeopardy and due process.
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