Sentences with phrase «motion judges going»

The resulting decision (s)(known to most as «Combined Air») provided, arguably, clarity to motion judges going forward and set out which types of cases are and are not suitable for summary judgment.

The Court of Appeal disagreed and found that the motions judge went too far by requiring the person in question to have «dominion and control» similar to the owner:

Not exact matches

Parties going to trial file motions in limine to exclude certain types of evidence from trial and this is what they did here and the judge decided that those particular pieces of information are not relevant to this case.

A Northern California federal judge has denied Qualcomm's motion to dismiss the U.S. Federal Trade Commission's antitrust lawsuit against the San Diego wireless technology company, which means the case will go forward.

The judge and law clerk likely read the proposed brief about two minutes after reading the motion seeking permission to submit it; they aren't going to erase the information from their brains even if the judge does ultimately deny the motion to file.

Your spouse can make getting a divorce more difficult, prolonging the process, in a number of ways (avoiding service, sending you on wild goose chases for documents and old bank account statements, etc. filing motions that are essentially harassment, etc.), but no Nevada judge is going to force you to stay married to him or her.

The district attorney said he expects to see them either dismissed after the judge reviews motions filed by his attorney William Dreyer or to be acquitted if his case goes to trial.

Setting one date — April 3 — for all the pre-trial motions to go before the judge «would conserve judicial resources, avoid gamesmanship and ensure a fair process for the consideration of all defense motions,» Bharara wrote in the letter to the judge.

Lawyers for Sheldon Silver asked the judge to acquit him of all charges even before his case goes to the jury in his corruption trial, in a motion that is routinely filed by defense lawyers after the government rests its case.

So, summing up, by going back to a para. 24, did the motion judge mean: «On the facts of this case, it would certainly be open to a trier of fact to infer that there was a necesssary, even if minor, connection between I / Land's negligent conduct in selecting and fitting a defective hose and the damage that occurred.»

If the judge disagrees with your motion to dismiss, then you can go on presenting your own evidence afterwards.

Once you've gone through your motions to strike for cause, there will probably be jurors that the judge wouldn't strike for cause.

Basically, the court appointed lawyer said the client was going to lie, and the judge granted his motion to resign.

He went on to state that «how a summary judgment motion should be scheduled where case management does not exist or where the judges frequently circuit, I leave to other judges to consider and decide.»

As a matter of practice, the Supreme Court indicates the judge hearing the motion for directions «should generally be seized of the summary judgment motion itself,» ensuring his or her acquired knowledge about the matter does not go to waste.

However, the motion judge then went on to exercise his discretion, under s. 106 of the Courts of Justice Act, to grant a stay of proceedings, stating that «because Chevron Corp does not have assets here, and there is no reasonable prospect that it will do so in the future, there is no prospect for any recovery here.»

99 % of the time, this is what the judge would say if I tried to hand over a document during a motion hearing: «Counsel, since you didn't submit that document with your motion papers, I am not going to consider it now.»

The motion judge held that there had been a material change in circumstances since the consent order had been made (the children were now 18 and 16; the younger son had resisted going to live with his father; police were unwilling to enforce the order; etc).

If your case goes to court, your attorney can also file all court motions and pleadings; make arguments to the judge and jury; and present your evidence in trial.

The ruling went on to say: «There is no evidentiary basis for the motion judge's presumption concerning the future availability of teaching positions.»

If you lose one of your motions, the case isn't over and how you deal with the rejection will go a long way in how the judge sees you and feels about you.

That is, unless and until the judge lets you file your motion (even if it is clear as day that you're going to win), you're going to trial.