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Can a judge make a ruling on a motion to amend an indictment without first hearing arguments from both sides?
No, he can not; a judge must hear both accounts of the event before reaching a jurisdiction.
Another View: Judges play no part in the indictment process. ONLY the Grand Jury can issue, or alter a true bill of indictment. The Grand Jury is a "creature" of the Prosecutor's Office, representing the Executive Branch of government. Judges are part of the Judicial Branch.
What else can I help you with?
Can you withdraw a preliminary hearing waiver?
Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?
What does motion to amend indictment mean?
The word amend means to change. So a motion to amend indictment means a motion to change the indictment.
What does motion to open judgment denied after hearing mean?
It means that someone (probably the losing party) petitioned the court to have the case re-opened and the original judgment re-considered. A hearing on the matter was conducted by the judge - and after hearing arguments for and against, the motion was DENIED.
How do you answer notice of motion and motion for judgment?
To respond to a notice of motion, you typically have to file a written response with the court before the hearing date. In the response, you address the allegations or arguments raised in the motion and provide your own arguments or evidence. For a motion for judgment, you can either oppose the motion by arguing against it or present your own evidence and arguments in support of the judgment being requested. It is important to adhere to the specific rules and deadlines set by the court for filing your response.
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.
How do you file a motion for a hearing after vistation was suspended?
File a motion with the Clerk of The Court requesting a hearing on this. see links
What is a cross notice hearing?
when you receive a notice of hearing setting a motion and you also want to set that same motion.
What does the guard mean by the term motion case?
The term "motion case" usually refers to a legal procedure in which one party asks the court to make a decision or take action. It involves filing a motion with the court, outlining the request and supporting arguments. The court will then review the motion and may hold a hearing before making a decision.
What is meant by failure to appear to show cause?
It means the person who filed the motion did not appear at the hearing to prove their charges/case, and therefore the motion was dismissed either with or without prejudice.
What happens in motion to compel hearing family law case?
A motion to compel hearing in a family law case is when one party asks the court to enforce a prior order or compel the opposing party to comply with a court order, such as providing requested documents or information. Both parties present arguments to the court, and the judge will decide whether to grant the motion and what actions to take to ensure compliance with the court order.
Does the plaintiff have to be in court for a motion to discontinue child support?
Either the plaintiff and/or his or her legal representative must be in attendance or the hearing will be dismissed with or without prejudice.
What does it mean a hearing for motion to release?
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