0
Yes, if a motion for a new trial is granted, it typically means that the court has decided to reconsider the previous ruling, including the divorce. However, the divorce is not automatically nullified; the couple remains divorced until the court issues a new ruling. The outcome of the new trial will determine the final status of the divorce and any related matters.
What else can I help you with?
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 does the expression motion granted and the case was dismissed mean?
The expression "motion granted" indicates that a request made to the court has been approved by a judge. When combined with "the case was dismissed," it means that the court has decided to terminate the case, often because the motion addressed a legal issue that warranted dismissal. This outcome suggests that the case will not proceed to trial or further legal action.
If the defense files a motion for continuance is it considered a waiver of the right to a speedy trial?
Filing a motion for continuance by the defense does not inherently constitute a waiver of the right to a speedy trial. However, if the continuance is granted and delays the trial, it can affect the timing of the speedy trial analysis. Courts often consider the reasons for the continuance and the overall context to determine if the defendant's right to a speedy trial has been compromised. Ultimately, the specifics of the case and the jurisdiction's laws will influence this determination.
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.
What is opposed motion for continuance mean?
Opposed motion for continuance means that one party is opposing a request to postpone a court hearing or trial to a later date. It indicates a disagreement between the parties on whether the postponement is necessary or should be granted.
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.
