The only reason a judge would be required to recuse themselves from hearing a case would be if there was some reason that they could not make an impartial decision, either due to a prior relationship with someone involved in case that they might be biased for or against, or because of known views about a specific issue that the case may depend upon. Showing compassion for a child they did not know previously and comforting that child doesn't mean they can't weigh the facts of the case.
A motion petition is a formal request made to a court during legal proceedings. It asks the court to make a specific ruling or take a certain action. These petitions are important in legal proceedings because they allow parties to address issues or disputes that arise during a case.
A motion to suppress is a request made by a defendant in a criminal case to exclude certain evidence from being used in court. This can be based on various grounds, such as the evidence being obtained illegally or in violation of the defendant's rights. If the motion is granted, the evidence is not allowed to be presented in court, which can significantly impact the outcome of the legal proceedings as it may weaken the prosecution's case.
In legal proceedings, a petition is a formal written request submitted to a court, while a motion is a formal request made during a court hearing. Petitions are typically used to initiate a legal action or seek a specific outcome, while motions are used to request a ruling or decision from the court on a specific issue within a case.
In legal proceedings, a motion is a formal request made to the court for a specific action or ruling, while a petition is a formal written request submitted to the court to initiate a legal action or seek relief.
A motion to compel is a request made to a court to force the opposing party to comply with a discovery request or court order. It is used in legal proceedings when one party believes the other party is not providing the necessary information or documents required for the case.
Have your attorney argue the facts that show there are no grounds for dismissal.
A Motion to Compel Attendance at a Deposition is a legal request asking the court to require a witness to attend a deposition. If a witness fails to attend a scheduled deposition voluntarily, this motion can be filed to compel their attendance and prevent delays in the legal process.
To request an ex parte review in legal proceedings, a party must file a motion with the court explaining the need for urgent action without notifying the other party. The court will then decide whether to grant the request based on the circumstances presented in the motion.
"Dismissed on motion of court or defendant" means that a legal case has been terminated either by the court's own initiative or at the request of the defendant. When the court dismisses the case, it usually indicates that it found insufficient grounds for continuing the proceedings. If the dismissal is at the defendant's motion, it often suggests that the defendant has presented a compelling reason, such as lack of evidence or legal merit, for the case to be closed. In either scenario, the dismissal effectively ends the legal action without a trial or judgment on the merits.
The phrase "This case is stayed pending a ruling on the Motion" means that the legal proceedings of the case are temporarily paused or suspended until a decision is made regarding a specific motion that has been filed. During this stay, no further actions or developments in the case will occur until the court issues its ruling. This is often done to preserve the status quo and ensure that the outcome of the motion is considered before proceeding with the case.
linear motion
When a court or tribunal makes a referral to the Trial Division of the Supreme Court