Search for: "MATTER OF RULES OF EVIDENCE"
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9 Feb 2011, 7:10 am
Such applications will usually require affidavit evidence and pursuant to the provisions of Rule 12-2(11) and 5-3(2) applications requiring affidavit evidence cannot to be heard at such conferences. [read post]
9 Jul 2015, 4:10 pm
Note that Rule 25.1(d) requires additional matters to be included in a notice of accelerated appeal and in a notice of restricted appeal. [read post]
28 Jun 2023, 8:26 am
The court can decide to grant an exception to the hearsay rule. [read post]
4 Oct 2011, 5:18 am
Judge Howard held the rules to be "vague. [read post]
23 Sep 2013, 4:31 am
The Court held that when the circuit court delved into the agreement's non-compete and non-solicitation provisions and found them to be overbroad and unenforceable as a matter of law, it was effectively ruling on the merits of the case without permitting ADI an opportunity to present evidence that the restraints were reasonable under the particular circumstances of the case. [read post]
29 Jun 2017, 7:29 am
The court ruled in the previous case, Ashcroft v. [read post]
10 Aug 2015, 11:02 am
The JCC responded by ruling that he was not obligated to address the woman’s evidentiary challenge. [read post]
18 Jul 2024, 6:00 am
"On a motion to dismiss a petition pursuant to CPLR 3211(a)(1), the movant has the burden of providing documentary evidence that utterly refutes the petitioner's factual allegations, conclusively establishing a defense as a matter of law" (id. [read post]
18 Jul 2024, 6:00 am
"On a motion to dismiss a petition pursuant to CPLR 3211(a)(1), the movant has the burden of providing documentary evidence that utterly refutes the petitioner's factual allegations, conclusively establishing a defense as a matter of law" (id. [read post]
25 Feb 2020, 11:29 am
“Minor” situations (relatively speaking) when the rule of law is thrust aside (we have seen blockades before and government officials have engaged in corruption, for example) have occurred before and will happen again, but in the two situations I discuss here, it has become evident that the rule of law is not always about law, it is about politics — not the best of politics but the worst — and about the dominant norms of the political culture. [read post]
15 Mar 2011, 8:13 am
In bygone times, when Court of First Instance (now General Court) rulings on Community trade mark matters were not as plentiful as strawberries at Wimbledon, the IPKat used to report a good many of them. [read post]
29 Mar 2019, 9:30 am
As a final resort, Germany brought this matter before the Court of Justice, the EU’s highest court, resulting with this ruling. [read post]
6 Dec 2017, 3:00 am
The District Court thus ruled Plaintiff’s motion was timely as it questioned the subject matter jurisdiction, which may be challenged at any time. [read post]
8 Sep 2009, 2:23 pm
In the matter Hyrcza v. [read post]
21 Jun 2019, 11:31 am
As matters have since developed in the lower courts, in response to the challengers’ claim that they have new evidence that proves racial discrimination, that issue has been gaining new emphasis. [read post]
22 May 2023, 8:05 am
The justices’ ruling in Calcutt v. [read post]
8 Dec 2010, 8:03 am
The company engaged in an active deception, therefore, when it alluded to potential lawsuits in its SEC filings, but failed to speak honestly and completely about the subject matter, NASAA argued. [read post]
18 Jun 2020, 3:30 am
Legal rules matter, but not as much as we may think. [read post]
3 Dec 2015, 7:19 am
For a matter of any size, there are rules in place that enable discovery to happen without being perfect. [read post]
30 Oct 2023, 2:10 am
“Employers must remember why this matters. [read post]
