Questions tagged [motion]
14 questions
4
votes
2 answers
Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?
Curious on a hypothetical case, if someone was subpoena'd to testify as a witness in a federal court case and they were served the subpoena on the Friday before the Tuesday of the case which leaves said witness only a day and a half of notice would…
Will
- 51
- 2
1
vote
0 answers
Why is it tradition that a motion to re-open a case occur before filing any other motion in said case?
I've been contemplating the filing a motion to expunge in multiple cases that I'm dealing with. However, I'm under the presumption that it might be necessary for me to file a motion to re-open any cases that have been closed because there might be…
Dennis Francis Blewett
- 417
- 3
- 11
1
vote
1 answer
Can video evidence be used to dismiss a criminal case with a motion prior to a trial or a preliminary hearing?
If someone has home video evidence to prove their innocence of NO probable cause against assault charges submitted by the police against them (claiming probable cause) how do they submit the video in a motion or petition before the preliminary…
SLM
- 11
- 1
1
vote
1 answer
Denial of a motion to compel arbitration
When a motion to compel arbitration is denied in a lower court and the defendant files an appeal, does that automatically stay proceedings in the lower court?
Since the rules and laws can vary from one court to another, the question is in relation…
S.O.S
- 611
- 6
- 23
1
vote
2 answers
Motion For Summary Judgement
Is there a typical length to hear back on the Motion for Summary Judgement? It seems the matter has been submitted close to a month prior and there has been no update to the docket.
Is it standard to wait a month to hear back from the court on an…
Letty Rin
- 21
- 1
1
vote
1 answer
Impeachment of Evidence
I don't know how to use impeachment of evidence. How is this used in court? If a motion in limine is used, what happens at the hearing for that motion? Does a judge need to see evidence of facts when you argue your facts to reflect a dishonest act?
Rodelyne Augustin
- 11
- 4
1
vote
2 answers
How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?
1.a Can you "plead the Fifth" (“Silence”) at the end of the sole written brief of a motion and stipulate that no waiver, express or implied, to Silence can be deemed valid or legal unless made by the movant in writing and duly signed so as to…
kisspuska
- 3,993
- 10
- 45
1
vote
1 answer
In California, what is the law that authorizes the moving party of motion for protective order not to comply with the discovery in question?
Some attorneys say so (e.g. https://www.avvo.com/legal-answers/is-the-discovery-process-halted-when-a-motion-for--3637798.html), but when I looked into the statute (CCP 2030.090, 2031.060, 2033.080), I never found anything that "stays" the discovery…
aaronqli
- 196
- 8
1
vote
0 answers
Can the trial court's jurisdiction over new trial motion be extended by itself on the basis the court "tolled statutory time limit" due to COVID-19?
This is a family court DV case in CA, which a trial was held and both parties prevailed in prosecution but failed in defense. After the trial, a party timely filed a new trial motion seeking a new trial (primarily on the basis of errors of law, and…
aaronqli
- 196
- 8
0
votes
1 answer
How are motions for summary judgment opposed?
I have been reading up on summary judgment as applied to Minnesota civil trials. While I believe I have a reasonable handle on how and when to file a motion of summary judgment, one thing that is unclear to me is how one would oppose such a…
Mr. J
- 31
- 1
0
votes
1 answer
If the law specifically disallows a criminal charge under a condition, does it still go before a jury if the condition is met?
I have a friend who has been charged with criminal threatening. This kind of law is not supposed to be applied when a person makes a threat against someone attacking them. In NH the phraseology is as follows:
631:4:IV. A person who responds to a…
Cicero
- 7,354
- 5
- 37
- 60
0
votes
2 answers
Timely response not filed
In California superior court, probate division.
In the minute order of the case, during a 664.6 motion to enforce a stipulation fully agreed upon, the court gave a timeline of 9 court days prior to file an objection. On that ninth day, the court…
Michael
- 9
- 2
-2
votes
1 answer
What actions, if any, can be taken in a case where the opposing party knowingly fails to provide notice of related cases that they're involved in?
Under California Rules of Court, a party in a civil actions has an obligation to file a Notice of Related Case per. Rule 3.300 Related Cases (b) Duty to provide notice.
Let's say you're the defendant in an unlimited civil lawsuit and you discover a…
Doedigo
- 107
- 8
-4
votes
2 answers
Does due process require that the grounds for a conviction can be substantiated?
Update 1:
This question pertains specifically to law in the United States of America, more specifically criminal law. However, I reason it may be applicable to the law of other lands.
Update 2:
The relevant part of proceedings of which I am…
Dennis Francis Blewett
- 417
- 3
- 11