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What is the next step after filing a Motion to Reconsider in a Superior Court?
The petitioner waits for the motion to be either granted or denied. If granted the verdict will be thrown out and a new trial ordered, if denied the original verdict will stand.
What court does a case go to if new evidence is found?
It goes back to the original court after a motion for a new trial has been filed and granted.
Can a defendant file a motion to continue before pretrial?
No. A PRE-trial hearing implies that the case has not yet been presented to court for trial. Therefore there is nothing on which a "motion" may be made. You may "request" a postponement of the hearing (providing you can present good cause for the request) but there are laws granting "speedy trial," and it may not be granted.
What is the most common post-verdict motion in a trial?
Civil trial: motion for a judgment notwithstanding the verdict, or a motion for a new trial Criminal trial: motion for a new trial I have no quantitative evidence to back that up. It is just an educated guess.
When can a judge order a new trial?
in civil court, the court may, on motion, grant a new trial on all or some of the issues after a jury trial or nonjury trial for any reason for which a new trial has heretofore been granted in an action at law in federal court. generally, that occurs when there has been an error in the procedure in the trial, or after an incorrect verdict.
What is a motion hearing?
A motion hearing is a court proceeding where one party asks the judge to make a decision on a specific issue or request. These motions can address various legal matters, such as evidence admissibility, case dismissal, or procedural matters. The judge will listen to arguments from both sides before issuing a decision.
Can you have a trial on a traffic ticket if you have already pled guilty?
you would have to retain counsel and he can file a motion to withdraw your guilty plea, no promises it will be granted depends on the judge. You could attempt it yourself your chances on it being granted in my opn are slim. JUDE KAGABINES LEXINGTON SC
What does motion for continuance and waiver of appearance by the deft mean?
A motion for continuance is when either party asks for more time outside of that which was alloted for a trial, or hearing date. Usually, even if one side disagrees, it will be usually granted for good cause.A motion for waiver of appearance is a person seeking to be excused from the hearing or the trial itself instead of being required to be there in person. Thus the judge "waives" or excuses them from "appearing" at the trial or hearing. This also requires a good cause.Added: The abbreviation "deft" is usually understood to refer to the "defendant."The excerpt contained in the question most likely refers to ascheduled hearing at which the defendant's presence is not required. It is unlikely that a waiver of appearance would be granted to the defendant in a trial situation.
How is one granted a motion of continuance for a pretrial conference?
Pre-Trial conferences are generally not THAT legally constrained. Giving good reason why, simply ask the other side if the conference can be set off to a later date. If the pre-trial conference was ordered by the court to take place on a specific date - submit a motion to the judge who ordered it, and (as above) give good reason why.
After winning a suppression hearing can you file a motion for speedy trial if the prosecution has adjourned the case four times after the suppression was granted?
I would file a motion to dismiss the case. If the prosecution has deprived the accused of his right to a speedy trial, the charges must be dismissed. Four continuances by the prosecution seems like too many to ensure the accused a speedy trial. I suggest you talk with a criminal defense attorney ASAP (if you are not already represented) , as you will need a good lawyer on your side to get the charges dropped or a speedy trial.
What does motion for extension of time re discovery motion or request pb ch13 mean?
The state and/or the specific statute is not given, however it sounds like a motion was presented to the court requesting an extension of time regarding the discovery aspect of the trial, and they are apparently quoting the appropriate portion of the state statute or court rules that allows it to be granted.
How enforceable is a summary judgment?
A summary judgment is just as enforceable as any other judgment. The only difference between a summary judgment and a judgment after a trial is that a summary judgment is granted when the court believes that a trial is unnecessary. A trial would be unnecessary if the facts of the case are either undisputed or conclusively established. Once that is shown, then the court can grant a summary judgment after a proper motion is filed.
