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Notably, under Rule 36(a)(3), [1] requests for admission are automatically deemed admitted in U.S. federal courts if the opponent fails to timely respond or object. The opponent bears the burden of moving for relief from its failure to respond and providing a legitimate excuse for why it did not respond earlier.
While admission on motion requirements typically vary by state, requirements for admission on motion basically fall under three categories: states that do not allow admission on motion; states that allow admission on motion conditioned on the attorney satisfying certain requirements; and states that allow admission on motion based on reciprocity. [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 ...
In pleading, a general denial is a denial that relates to all allegations which are not otherwise pleaded to. Many legal systems provide that in a statement of defense, any allegation made by the plaintiff which is not traversed (i.e. specifically denied or "not-admitted") is deemed to have been admitted by the defendants. [1]
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Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment. The Court held that prior testimonial statements of witnesses who have since ...
The act gave the government the authority to deem an immigrant who lacks good moral character ineligible for admission or naturalization and deport the immigrant who engaged in a list of activities that violated the "good moral character" requirement such as crimes involving moral turpitude, illegal gambling, alcohol use, drug trafficking ...
In the United States, the diploma privilege is a method for lawyers to be admitted to the bar (i.e. authorized to practice law) without taking a bar examination.Wisconsin is the only jurisdiction that currently allows diploma privilege as an alternative to the bar examination.