A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case. A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim.
Search Legal Terms and Definitions If the judge agrees he/she will rule "sustained," meaning the objection is approved and the question cannot be asked or answered.
A motion for directed verdict is a motion asking the court to issue a directed verdict. This motion is made before a case is submitted to the jury, and argues that no reasonable jury could find for the opposing party. Either the plaintiff or the defendant may make this motion.
The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.Sep 9, 2019
One of the terms you hear in California juvenile delinquency court is “sustained juvenile petition.” Essentially, a sustained juvenile petition is the same thing as a guilty verdict in adult court.
to support or maintainTo sustain means to support or maintain, especially over a long period of time; to endure or undergo. In legal contexts, to sustain may also mean to uphold a ruling (e.g., “objection sustained”).
If it's granted, the case can be dismissed "without prejudice" or "with prejudice." If the case is dismissed without prejudice, the case can be filed again at a later time. However, if a case is dismissed with prejudice, the case is over and cannot be refiled.May 11, 2018
For this reason, directed verdicts are not very common. However, a judge will grant a motion for directed verdict if it is clear that a reasonable jury could not find for the opposing party.
A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
Once you receive a notice of motion, the legal process has begun. You need to act immediately and seek legal advice and assistance. You should seek legal advice immediately. For free advice and support on how to proceed from here, attend the Reclaim the City Advice Assembly.
A formal notice to participants in litigation of an intent to seek specific relief in an action. An advisory in writing, usually in a prescribed form, to all parties in litigation of an intent, at some specified or future time, of asking the Court to order specified relief.
Although the motion to lay on the table is not debatable, the chair can ask the maker of the motion to state his reason in order to establish the urgency and legitimate intent of the motion or the maker can state it on his own initiative.
One of the main reasons a judge would deny this motion is when the withdrawal of the lawyer would delay the trial date, or if the withdrawal comes too close to the time of the trial. If the judge denies a motion that has been filed due to ethical issues, the issues must be discussed in the court, which could really be a setback for the client.
A motion to withdraw is when a lawyer will file with the court to get the judge’s permission to stop representing their client. Here are some instances when an attorney may file a motion to withdraw: The attorney is sick and cannot provide representation at the time. A client decides to start using a different attorney.
How can you thoroughly represent someone who you know isn’t being truthful? The whole reason for the judicial system is to determine the truth and the best course of action to up hold truth and liberty. If a lawyer discovers that their client hasn’t been honest, they can’t, in good conscience, continue to represent them.
Another reason a lawyer may file a motion to withdraw is when their client refuses to receive or adhere to the lawyer’s counsel. It’s important to remember that your lawyer has your best interests at heart; if you win, they win.
The client-lawyer contract will usually include who is responsible for covering legal fees, the agreed-upon lawyer fee, the involvement of the lawyer and paralegals, and how often the lawyer will need to communicate with the client.
When one party, whether it’s the lawyer or the client, feels as if the contract has been broken, this can lead to a motion to withdraw. Financial disputes are one of the main issues listed on most motions to withdraw. While financial guidelines are usually set in place through a client-lawyer contract, many clients don’t realize the number ...
And if you don’t have the cash on hand, you’ll generally be forced to go to a bail bondsman. Bail bondsmen normally charge a nonrefundable 10% fee. So on a $10,000 bail, you’ll be on the hook to the bondsman for $1,000—money that you won’t be getting back.
Typically, only a judge can release a person on OR. Jail officials can let you out if you post bail, but they generally don’t have the authority to grant OR release. So if want to request OR, you’ll have to wait to talk to a judge; the earliest opportunity usually occurs on the first day that court is in session following your arrest. ...
OR is the release from jail based on a promise to appear in court. In other words, a judge agrees to let you out of jail in exchange for your word that you’ll go to all your court dates. A judge can also put conditions on OR release. For instance, a judge might condition release on you not using drugs or alcohol or staying away from certain people ...
But if you get busted on a Friday, you probably won’t get to speak to a judge until Monday. At this first court date, you or your attorney can make a pitch to the judge for OR release. In deciding whether to grant OR, a judge ordinarily looks to factors like: the seriousness of the arrest offense. your criminal history.
Whoever moved for summary judgment won. So if the plaintiff moved for summary judgment on liability and won, then plaintiff has liability over defendant and interest begins to run at 9% per year until a jury verdict is returned. The defendant could appeal this decision...
Whichever party moved for summary judgment won. If the plaintiff moved for summary judgment then the defendant can appeal.
It means that the Judge granted summary judgment to the party that made the motion. If the defendant lost the motion the defendant can appeal.
It means that whichever party moved for summary judgment, the decision was favorable to them. It is unlikely the party that won the motion would want to appeal it but either party can appeal an adverse decision.
A case disposed is different from a case disposition. A case disposed generally refers to a case that has been completed. A disposition, however, refers to the different ways how a case could be resolved. Case dispositions include conviction (the accused is sentenced), acquittal (the accused is declared not guilty by the judge or jury), ...
A lawyer isn’t required in a trial (you can choose to represent yourself in a court of law), but it’s highly recommended that you have one. Depending on what the case is, you have to find a lawyer within that field to best represent you legally.
To recap, a disposed case is a case that has already reached a decision. The disposition of the case, on the other hand, can vary depending on what the judge decides in court. If your case was disposed but not in your favor, you still have the option of taking your case to a higher court for a chance to overturn the result.
A court may stay a proceeding for a number of reasons. One common reason is that another action is under way that may affect the case or the rights of the parties in the case. For instance, assume that a defendant faces lawsuits from the same plaintiffs in two separate cases involving closely related facts. One case is filed in federal court, and ...
A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case ...
It usually is granted when the judgment debtor appeals the case, but a court may grant a stay of execution in any case in which the court feels the stay is necessary to secure or protect the rights of the judgment debtor. The term stay of execution may also refer to a halt in the execution of a death penalty.
A stay of execution postpones the enforcement of a judgment against a litigant who has lost a case, called the Judgment Debtor. In other words, if a civil litigant wins money damages or some other form of relief, he may not collect the damages or receive the relief if the court issues a stay.
The term stay may also be used to describe any number of legal measures taken by a legislature to provide temporary relief to debtors. For example, under section 362 (a) of the Bankruptcy Code, a debtor who files for bankruptcy receives an automatic stay immediately upon filing a voluntary bankruptcy petition.
stay abreast of (someone or something) stay abreast of someone or something. stay after. stay after (one) about (something) stay after (someone or something) stay after about. stay after about it. stay after about something. stay after her.