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Original file (1,275 × 1,650 pixels, file size: 177 KB, MIME type: application/pdf, 20 pages) This is a file from the Wikimedia Commons . Information from its description page there is shown below.
English: Motion to Dismiss Amended Complaint filed by Defendant Richard B. Cheney on November 14th, 2006 in the matter of Valorie Wilson, et al. Vs. Richard Cheney, et al., United States District Court for the District of Columbia, Case No. 1:06-CV-01258-JDB. This document is a public court record, and is not subject to any copyright restrictions.
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 ...
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 ...
“The Complaint is a textbook example of a ‘shotgun pleading’ and must be dismissed in its entirety for failing to attribute specific factual allegations to each defendant,” said The-Dream ...
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.
The-Dream has filed a motion to dismiss a federal lawsuit filed against him in June by his former protégée, accusing him of rape, sexual assault, trafficking and other violent allegations
The Rule 12(b)(6) motion, which replaced the common law demurrer, is how lawsuits with insufficient legal theories underlying their cause of action are 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 ...