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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 ...
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
Contempt of court is essentially seen as a form of disturbance that may impede the functioning of the court. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon an agreement to fulfill the wishes of the court. [6] Civil contempt can involve acts of omission.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
The Missouri Department of Corrections has been held in contempt for refusing to release an 82-year-old man whose conviction was vacated in June. ... the case to the Western District Court of ...
In the Family Court of Western Australia, an online form exists to commence such proceedings which can be downloaded, completed and filed. [1]In the Supreme Court of Western Australia, [2] either an originating summons (Form No.75 as is an ex-parte application) or originating motion (Form No.64) must be filed specifying the alleged contempt, and personally served on the alleged contemptor ...
On Dec. 13, the Missouri Supreme Court scheduled Dorsey’s lethal injection for April 9. In a motion filed late Thursday, a team of pro bono attorneys argue that the head of the Missouri ...
Among the key evidence used to convict Christopher Dunn was testimony from two boys at the scene of the shooting. […] The post Missouri prosecutor wants to vacate conviction of Black man jailed ...