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This rule basically implies that in a civil action, if a hearing commissioner is authorized by all parties to conduct the proceedings instead of a judge, upon a request for a review or appeal, the motion must first be reviewed by a Superior Court judge to the same standard as a motion for appeal on a Superior Court Judge to the Court of Appeals ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
In most jurisdictions the normal and preferred way of seeking appellate review is by filing an appeal of the final judgment. Generally, an appeal of the judgment will also allow appeal of all other orders or rulings made by the trial court in the course of the case. This is because such orders cannot be appealed "as of right".
(The Center Square) – Illinois Gov. J.B. Pritzker is adamant the state must appeal a federal judge’s ruling that its gun and magazine ban is unconstitutional. On the House floor Tuesday, state ...
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 ...
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5] In United States federal courts, JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure.
State and national Republicans on Thursday appealed a Georgia judge’s ruling striking down a slate of controversial new election rules passed by Donald Trump allies, including two related to the ...
The Republican National Committee and the Georgia Republican Party are appealing a ruling from Fulton County Superior Court Judge Thomas Cox, who ruled Wednesday that the State Election Board did not have the authority to pass the rules and ordered it to immediately inform all state and local election officials that the rules are void and not ...