Courts do not surrender their jurisdiction to resolve controversies, even
by agreement of the parties, unless it can be demonstrated on an ongoing basis that the tribunals to function in their stead are capable of providing an equivalent or superior «fairness,» or, as it is more technically described in the law, «due process.»
The buyer has 10 days from the date of ratification to provide the seller with credit documentation (defined
by agreement of the parties).
(5) The time for response under subsection (4) may be extended
by agreement of the parties or by an order under section 5 - 1 [pre-hearing conference] of these bylaws.
By agreement of all parties, the litigation was divided into two stages.
Prior to the Act, joint custody orders had been entered only
by agreement of the parties.
A: If the judge finds that unrestricted or unsupervised parenting time endangers the child, the judge can order that the parenting time be either supervised in a clinical setting, supervised by a professional supervisor outside a clinical setting, or supervised by someone chosen
by agreement of the parties.
One of the great things about mediation is that you can invite professionals to the mediation sessions (
by agreement of both parties, of course) who can be very helpful with joint questions.
No photographs may be taken of the flip chart notes unless
by agreement of all participants.
Nothing can be filed at court except
by the agreement of both parties.
STANDARD VII: A professional family mediator shall maintain the confidentiality of all information acquired in the mediation process, unless the mediator is required to reveal the information by law or permitted to reveal the information
by agreement of the participants.
Instead, decisions concerning the dissolution of the marriage, such as parenting plans and division of assets, are made
by agreement of the spouses in private and confidential meetings.
An asset may only be determined to be marital
by agreement of the parties or determination of the judge.
Similar to custody cases in domestic relations court, child custody can be established or modified
by agreement of the parties or by Court order.
In most cases a parenting plan (when the children are with each parent and how decisions affecting the children are to be made) is established
by agreement of the parents (who know each other and children best).
A schedule is created either
by agreement of the parties or court order after a trial.
A debt may only be determined to be nonmarital
by agreement of the parties or determination of the judge.
Again, the parenting time allotted for each parent is set forth in a schedule set forth by the Court or determined
by agreement of the parties.
Parenting coordinators are appointed
by agreement of the parents.
The legal separation must either be
by agreement of the spouses, or the court decides the separation is warranted because it «preserves or protects the legal, financial, social or religious interests» of the parties.
Child support ends in NJ when a child is declared emancipated by a judge (or
by agreement of the parties).
During the divorce the custody and visitation issues will hopefully be resolved
by agreement of if necessary by the judge.
Because of the dominance of a litigation model in native title negotiations, the relationship between the State and the native title claim group begins with the filing of a native title claim and tends to end with the resolution of that claim either through litigation or
by agreement of the parties.
By an Agreement of Purchase and Sale made in July 2015 (the «APS»), the appellant agreed to sell to the respondent an undeveloped 3.6 acre parcel of land for a sale price of $ 3,960,000.
The commentary says: «the Working Group considers that this is an issue to be addressed
by agreement of the parties rather than by way of a default statutory provision... «However, there may be situations where the parties do not agree.
In the event that all or any part of the payments required by this Article are not so includible in the Wife's income and are not so deductible by the Husband in the determination of their respective taxable incomes, whether by reason of Internal Revenue Service interpretation, amendment or repeal of existing revenue statutes, or otherwise, then the payments required by this Article shall be adjusted
by agreement of the parties to carry out the intention of the parties with respect to after - tax dollars paid and received.
In conclusion, it is important to note that if either you or your spouse does not wish to abide by your separation agreement, it may be negotiated and altered
by agreement of the parties.
Reporting: BirdEye shall report to Covered Entity any use or disclosure of PHI not provided for
by the Agreement of which it becomes aware, including breaches of unsecured PHI as required at 45 CFR 164.410, and any security incident of which it becomes aware;
A Parenting Coordinator shall serve
by agreement of the parties or formal order of the court, which shall clearly and specifically define the Parenting Coordinator's scope of authority and responsibilities.
(5) The party which appointed the first arbitrator may give the party in default of appointment written notice that, if the second arbitrator is not appointed within 14 days of receiving the notice, the first arbitrator shall be the sole arbitrator whose Award shall be binding on both parties as if originally appointed sole arbitrator
by agreement of the parties.
Whether the client is a plaintiff or defendant, a corporation or an individual, the goal is to bring the litigation to a successful conclusion as soon as possible, either
by agreement of the parties, or by decision.
[138] ALRI recommends that section 44 (2) be repealed, such that the only appeal route to the courts will be
by agreement of the parties.
Value assigned
by agreement of the parties who may rely on appraisers or a judge if the parties fail to agree.
Four adults could have injured the child, but
by agreement of all parties (a concession criticised by the Court of Appeal), the grandmother and her partner were eliminated from the court's and the local authority's investigation.
By contrast, where a lawsuit is terminated with a final order, either an order by a judge or a Consent Dismissal Order (
by agreement of all parties), the lawsuit can not be brought back to life.
The Court noted that decisions relying on Linton all involved support obligations established
by agreement of the parties.
The Court suggested that the non-publication order in the present case be scaled back (
by agreement of the parties) as it unnecessarily covered information that would not have a negative impact on fair trial rights, i.e. background information that is readily available to and known to the public.
(c) matters which may be disposed either
by agreement of the parties or by a court's decision such as share of expenses arising from marriage or partition of a decedent's estate (These are called Otsu - type matters.)
There will now follow a two - year negotiation period, which could be extended
by agreement of all member states.
In addition, it determines the last and the most recent value at which the securities are traded
by the agreement of buyer and seller when some sum of the funds was transacted.
The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except
by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.
The final say will
by agreement of the principal, superintendent and NTU president.
Next,
by agreement of the partners, KOA expanded to include additional instruments at no significant increase in cost.
It was kept in place during the Obama administration,
by agreement of Republicans and Democrats.
By the agreement of both sides in the case, the State Police have until June 22 to decide whether to appeal.
After the government and defense reviewed those questionnaires, a number of prospective jurors were removed
by agreement of the parties.
Under Silver's bill as introduced, a tax - cap law could be repealed or modified in the future only
by agreement of both houses of the Legislature — or by one house alone, but only if it is also willing to kill rent control (which, while desirable, is highly unlikely).
Waldorf ® is a registered service mark of the Association of Waldorf Schools of North America (AWSNA) and used
by agreement of membership in AWSNA.
You may see some instances of it being used in specific civil cases, but only
by agreement of both parties, which is also done in some cases for Jews and every Credit Card application you sign that specifies dispute mediation instead of lawsuits.
Not exact matches
«If a timely
agreement can not be reached on a common regulator, the government will propose legislation to carry out its regulatory responsibilities consistent with the decision rendered
by the Supreme Court
of Canada,» the budget states.
«The TPP, which has been demonized
by President Trump, was essentially the renegotiation
of NAFTA,» said Andy Shoyer, co-chair
of the international trade practice at Sidley Austin and former trade attorney during the initial NAFTA
agreement.