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8 Jul 2010, 12:47 am
Students should note that, in the interest of justice, a court may consider newly submitted evidence in a motion to renew, even if it was available in the prior motion. [read post]
1 Apr 2010, 1:13 am
Practice point: The court cannot convert a CPLR 3211 motion to dismiss into a CPLR 3212 motion for summary judgment. [read post]
12 Jan 2012, 12:21 am
Practice point: Pursuant to CPLR 2221(e), a motion for leave to renew must be based on new facts not offered on the prior motion, and must offer reasonable justification for the failure to present such facts on the prior motion.Student note: The motion is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation.Case: Andrews v. [read post]
20 Jan 2011, 12:46 am
Follini, NY Slip Op 00182 (2d Dept. 2011) Tomorrow’s issue: Motion practice. [read post]
17 Nov 2021, 7:43 am
Read morePretrial and Post Trial Motions The post Pretrial and Post Trial Motions appeared first on ADR Times. [read post]
11 Nov 2009, 6:13 am
†Issue Non Temporary Relief Motion Temporary Relief Motion Notice (Include language “Notice of Motionâ€Â in caption if motion hearing is scheduled within the motion). [read post]
21 Jul 2011, 1:27 pm
Yesterday we saw motion #8, the Washington Post‘s motion to dismiss the Joseph Rakofsky defamation case. [read post]
25 Apr 2015, 7:28 am
If a member opposes a main motion, he … Continue reading → [read post]
22 Mar 2018, 11:16 am
The Common Types of Pretrial Motions Some of the most common types of pretrial motions include: Motions for a change of venue. [read post]
10 Dec 2018, 4:04 am
The motion was denied because the motion was filed outside the 14 day period. [read post]
4 Jan 2024, 11:45 am
The post Trump Lawyers File Furious Motion Claiming That Motions Are Illegal appeared first on Above the Law. [read post]
28 Oct 2023, 7:56 am
What Is a Motion to Suppress? [read post]
30 Jul 2022, 4:47 am
You are likely very familiar with these motion, though you probably do not refer to these motions as “main motion. [read post]
17 Mar 2010, 1:13 am
Practice point: The complaint is a necessary part of the record on a summary judgment motion. [read post]
21 Jun 2010, 12:43 am
Genger, NY Slip Op 04931 (1st Dept. 2010) Tomorrow’s issue: Motion practice. [read post]
20 Nov 2019, 9:55 pm
It should be appreciated that this Motion No. 3 is part and parcel of... [read post]
15 Dec 2014, 3:27 am
Dec. 10, 2014), because the trial court did not permit proper discovery before granting a motion it had converted from a motion to dismiss into a motion for summary judgment. [read post]
7 Jun 2019, 4:51 pm
Nobody likes Motions to Compel. [read post]
14 Dec 2010, 12:45 am
Students should note that defendant’s trial motion to amend the pleadings to assert these provisions will be denied if the motion was interposed after the close of plaintiff’s evidence . [read post]
10 Jun 2009, 12:46 pm
At issue in this motion were two defendants' motions to have the plaintiff's claims against them severed so that they could file motions to be transferred to their home forums, unencumbered by the requirement that they show that the proposed transferee forums were "clearly more convenient" for all of the parties and witnesses. [read post]
