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25 Feb 2013, 7:05 am
The motion for reconsideration was itself frivolous. . . . [read post]
27 Jul 2011, 12:16 am
Practice point: Pursuant to CPLR 3211(a)(1), the motion may be granted only where the movant offers documentary evidence which utterly refutes plaintiff's allegations, and conclusively establishes a defense as a matter of law.Student note: In considering the motion, pursuant to CPLR 3211(a)(7), the court must accept the facts as alleged as true, give plaintiff the benefit of every possible inference, and determine only whether the alleged facts fit within any cognizable legal… [read post]
19 Jul 2017, 3:39 am
” The post What is a Motion to Suppress? [read post]
10 Apr 2019, 8:08 am
Here is everything you need to know about these motions in Florida. [read post]
2 Sep 2010, 3:38 am
No author of pleadings appreciates a motion to dismiss. [read post]
12 Jun 2008, 11:26 am
Does 1-15, Morehead State University, in Kentucky, made a motion to quash the RIAA's subpoena, and the motion was denied.Memorandum of Law in support of motion to quashAffidavit in support of motion to quashOrder denying motion to quashCommentary & discussion:[]-->--> -->-->[][][][]-->Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music… [read post]
30 Apr 2018, 6:10 am
The motion was denied unanimously on April 25, 2018. [read post]
18 Feb 2008, 2:03 pm
Here's a link to the other motion to dismiss in United States v. [read post]
22 Oct 2023, 7:56 am
Presenting the Motion in Court Once the motion has been filed, it will be presented before the judge during a pretrial hearing. [read post]
21 Apr 2020, 4:29 am
What about Variance Motions? [read post]
28 Aug 2009, 7:56 am
Aug 10, 2009) (NO. 6:07CV203)Judge: Leonard DavisHolding: Defendant's Motion for Partial Summary Judgment on the issues of indefiniteness, enablement, and utility GRANTED; Motion to Strike expert declaration DENIEDThis is a claims construction opinion which also addressed the defendant's motions for partial summary judgment on the issues of indefiniteness, enablement, and utility as to one of the asserted claims, as well as a motion to strike a… [read post]
17 May 2012, 6:03 am
In Virginia, if a lawsuit is about a contract, and the contract is not attached to the complaint, you can file a “Motion to Crave Oyer”. [read post]
28 May 2020, 12:25 pm
In debt collection cases, the creditor usually brings the summary judgment motion. [read post]
5 Mar 2019, 4:10 pm
” Continue reading The post District Court Denies Motion to Stay Pending Resolution of Dispositive Motion appeared first on Patent Lawyer Blog. [read post]
14 Jul 2010, 9:21 am
See example motion, below, for language.- Quote standard set forth in C.R.C.P. 42 for consolidation, and specifically address "common questions of law or fact," "unnecessary cost or delay," and "judicial economy" as grounds for consolidation.- State that C.R.C.P. 121 Section 1-8 requires consolidation into the case that was filed first.- Attach a proposed order.- File notice of motion to consolidate, attaching motion to consolidate, in… [read post]
23 Jan 2015, 1:16 pm
The trial judge in the Tsarnaev death penalty case has ordered the defense's third change of venue motion sealed (to read about the earlier change of venue motions go here). [read post]
9 May 2011, 1:24 pm
Do I have to pay the jury fee at the time I file a motion to enter or can I pay it later? [read post]
13 Jun 2012, 12:35 am
Practice point: The motion, pursuant to CPLR 2221(e), may, in the Supreme Court's discretion, be based on facts known to the party seeking renewal at the time of the original motion, but the movant must offer a reasonable justification for the failure to present such facts on the original motion.Student note: Law office failure can be accepted as a reasonable excuse in the exercise of the court's discretion.Case: Gordon v. [read post]
23 Jul 2012, 12:35 pm
MP3Tunes, defendant Michael Robertson's motion for summary judgment has been denied, and his attorneys' motion for leave to withdraw has been granted.July 23, 2012, Order denying defendant Robertson's motion for summary judgment, granting attorneys' motion for leave to withdraw var addthis_config = {"data_track_clickback":true}; Ray Beckerman, PC [read post]
21 Dec 2019, 10:21 am
Because the motion was sufficiently particular, not only did it justify a motion hearing, it also shifted the burden of proof to the prosecutor. [read post]
