If I understand the question - - your lawyer filed a motion asking for something that the judge had already granted?
Other than the fact that it sounds like a superfluous motion, it seems unlikely that the judge would reverse himself and take it away.
Motion to quash is a lawyer asking a judge to disregard something. Usually it is a decision or ruling from another court.
You CAN, if you wish to try. I doubt that it would be granted. FURTHER: You are asking for a legal opinion based on absolutely NO information whatsoever. Actually, you do not need any more information. Under most civil rules, a motion to dismiss must be filed before an answer, or with the answer. Motions to Dismiss are often granted if warranted. A motion to dismiss is Rule 12 of the Rules of Civil Procedure. Check it out for your state. It is the same for federal rules, as well.
The creditor is asking to be excluded from the bankruptcy. If that is granted the debt will be valid and the creditor can resume collection action.
There is no penalty simply for submitting a motion to the court. A motion is merely a legal request submitted to the court asking (or recommending) that the court "do" what has been asked. If the motion asks for some specific penalty to be applied, it will depend on what has been requested and the judge's decision on whether it should be granted or not.
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
Motion is already involves in motion because the motion is motion
Making a motion is a formal request that someone do something. In the legal context, it generally refers to asking the court to do something. If I want the court to have a court reporter take down everything said at a hearing, I will make a motion to have the proceedings recorded. If I want my client to be granted bond, I'll make a motion for bond. If I want the US flag removed from the room, I'll make a motion for that. The purpose of making the motion depends on what the motion is.
It is already in motion and therefore needs less force.
A lawyer can use a motion to dismiss during a hearing for a number of reasons. One of the reasons a lawyer can use a motion to dismiss during the hearing is if the plaintiff (the person who brings the suit to court) fails to present a valid and legal claim for the case.
Yes.
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.
"Unopposed motion granted" means that a request made to the court has been approved without objection from the opposing party. This typically indicates that the court has reviewed the motion and supporting documents and has decided to grant the request due to the lack of opposition.