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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 ...
Universal Music has filed a motion to dismiss Drake’s petition for pre-suit deposition in Bexar County, Texas, citing lack of evidence in the rapper’s claims against the record company that it ...
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
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 ...
Days after the ouster petition was filed against Halbert, her legal team filed a motion to dismiss. Corbin-Johnson, in court Friday, questioned whether the motion was proper in an ouster proceeding.
The petition filed against Baker is “a media stunt to manufacture a campaign agenda against the current incumbent,” Baker’s motion states. Moreover, the motion call’s the filing fraudulent ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Special counsel Jack Smith on Monday moved to dismiss the charges against Donald Trump related to the Jan. 6 riots — prompting the crowing president-elect to blast his prosecution as ...