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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 ...
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
A Rule 12(b)(6) motion, which replaced the common law demurrer, is how a lawsuit with insufficient legal theory underlying its cause of action is dismissed from court. For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint attacked by a ...
Madonna's legal team has filed a motion to dismiss a lawsuit filed against her earlier this year over an alleged delayed concert start time amid her ongoing Celebration Tour. In new court docs ...
Santa Fe judge will hear arguments from Alec Baldwin’s attorney who has filed a motion to dismiss the indictment for manslaughter in the 2021 death of Halyna Hutchins on the set of the ‘Rust ...
The Supreme Court ruled that any such motion must be accompanied by a brief (commonly referred to as an Anders brief) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other ...
An attorney may also raise an objection against a judge's ruling, to preserve the right to appeal that ruling. Under certain circumstances, a court may need to hold some kind of pretrial hearing and make evidentiary rulings to resolve important issues like personal jurisdiction, or whether to impose sanctions for extreme misconduct by parties or counsel.
Smith — citing Trump’s victory in the 2024 presidential election and precedent against indicting a sitting US president — asked a DC court Monday to dismiss the indictment involving Trump ...