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What type of motion is used to move a case to another jurisdiction?
A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case.
Which are grounds for granting an earlier trial date request under CCP Section 36?
There are three main grounds for granting preference: the moving party is at least 70 years old and in ill health (Code Civ. Proc., 36(a)); the moving party in a personal injury or wrongful death matter is under the age of 14 ( 36(b)); or the moving party is unlikely to survive beyond another six months ( 36(d)).
What is the difference between 1404 and 1406?
1406(a) and, in the alternative, ask the court to transfer the case to judicial district they prefer. Unlike 1404, venue was originally improper. Federal courts will only transfer a case under 1406 to another federal judicial district. Federal courts cannot transfer a case to a state court.
What is Rule 5 of the North Carolina Rules of Civil Procedure?
With respect to all pleadings subsequent to the original complaint and other papers required or permitted to be served, service shall be made upon the partys attorney of record and, if ordered by the court, also upon the party. If the party has no attorney of record, service shall be made upon the party.
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The U.S. 8th Circuit Court of Appeals dismissed a lawsuit Tuesday filed by a member of the Satanic Temple against a Missouri abortion law. An anonymous
Rule 12. Defenses and Objections: When and How Presented
(c) Motion for Judgment on the Pleadings. After the pleadings are closedbut early enough not to delay triala party may move for judgment on the pleadings.
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