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Can a motion to dismiss be filed when the wrong defendant is named in the lawsuit?
Yes, a motion to dismiss can be filed if the wrong defendant is named in a lawsuit.
A lawsuit may be resolved before trial by the judge granting a?
motion for summary judgment, which dismisses the case if there are no genuine issues of material fact to be resolved, and one party is entitled to judgment as a matter of law.
What happens if a Plaintiff of a Lawsuit refuses a motion for discovery?
They lose
What is the difference between a legal motion and a pleading?
Pleadings are the formal allegations and responsives thereto, of parties in a lawsuit. Pleadings are usually filed to initiate a lawsuit (petition or complaint), and to file an official response, defense and any counterclaim (Answer, Reconventional Demand, Counter-claim). Motions are applications for orders from the court, usually made within the framework of a lawsuit (motion to compel discovery, motion to set trial date, motion for summary judgment).
How do you supena or get a court order?
You get a court order by filing a lawsuit or a motion and ask the court to order what you want. The clerk of court can assist in obtaining a subpoena for an ongoing lawsuit.
Does a lawsuit settle when a motion to dismiss is denied?
No. If the dismissal was denied that means the case will proceed to trial.
What can the defendant do when the plaintiff files a motion for summary judgment?
A motion for summary judgment asks the court to decide a civil case in favor of the movant without the need to proceed all of the way through trial. The motion claims that there exists no justiciable of material fact for the determination of the court and that the movant is entitled to judgment as a matter of law. The motion is predicated upon pleadings, responses to discovery, deposition testimony (all of which must be a part of the court file--that is "of record") and sometimes affidavits that are filed in support of the motion. The gist of the motion and the argument that is made at the hearing is that even if all of the foregoing material were interpreted in a manner most favorable to the opposing side, there exist no disputed issues of material fact for the court to determine at a trial. Therefore, opposing a motion for summary judgment requires the non-moving party to demonstrate that one or more material issues do exist. This would be done by bringing to the court's attention, usually in a memorandum opposing the motion, the disputed issues of fact. The non-moving party should also be certain that all pleadings and discovery upon which he/she/it relies to demonstrate the existence of the issue(s) are filed with the court ("of record") well in advance of the hearing on the motion (local rules of procedure will dictate how long). It is also important that the issues raised are material and not tangential ones--that is, ones that do or could reasonably make a difference to the outcome of the case and which are therefore deserving of a full airing in a trial.
What is cut-off for filing Motions in a California lawsuit?
cut-off for filing motion to quash subpoena?
Convection occurs because heated material becomes what?
Convection occurs because heated material becomes less dense and rises, while cooler, denser material sinks. This creates a circular motion of fluid or air to transfer heat.
How do you file lawsuit when one party breaks divorce agreement?
It's not a lawsuit needed as much as filing a motion to compel or show cause at the court where you got the divorce. See an attorney for filing details.
What is the palindrome for feat or action?
Motion, activity, liveliness, accomplishment, execution, lawsuit, proceeding, engagement, contest, battle...
What happens when Honda pilot 2003 steering wheel starts shaking while in motion?
Time to start a class action lawsuit
