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The hearing should be made well in advance of the first time a case appears on a trial calendar. In one case where a Daubert hearing was conducted on the day of the trial, in which the district court excluded all plaintiff's expert testimony, resulting in the dismissal of all claims, the appellate court remanded the case because of multiple ...
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 ...
Postponing a motion is permitted so long as: There is a meeting on the date the motion is postponed to. For example, a main motion cannot be postponed to a day where there is no regular meeting or where a special meeting has not been planned yet. The date to which the main motion is being postponed is not too late for it to be effective.
A motion hearing for Leilani Simon, the mother charged with malice murder in the death of her son, 20-month-old Quinton Simon, has been scheduled for Aug. 16 of this year. The court will also hold ...
The two are also tentatively scheduled for a preliminary examination hearing at 9:30 a.m. June 12 in 2B District Court where witnesses will be called to testify in order to establish probable ...
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
A federal judge set a Jan. 8 hearing for NASCAR’s motion to throw out an antitrust lawsuit filed against the stock car series teams backed by Michael Jordan-owned 23XI Racing and Front Row ...
Each judge or courtroom in the United States has a law and motion calendar, setting aside the times when only motions and special legal arguments are heard.These items consist of pretrial motions (such as a motion to compel relating to discovery requests) or other legal requests that are not connected to a trial, and do not include trials themselves.