Sentences with phrase «proceed by motion»

Most cases will proceed by motion, and not by trial.

Not exact matches

Additionally, as I said earlier that massaging the swollen area can help to alleviate the pains and reduce inflammation, especially if you apply some oil on your fingers and proceed by rubbing the breast upwards and downwards towards the nipples in a continuous motion.

It's unclear at the moment if they are convinced by the Republican leadership to vote for the motion to proceed, so they might too vote «No».

Tributes fully paid, Adebanwi proceeded, reading from his book, the media recording of critical junctures of Nigeria's political evolution: the 1953 media excitement after Anthony Enahoro, on 22 July 1953, in the House of Representatives, had raised the self - government motion by 1956; the June 12, 1993 presidential election annulment, and the follow - up media crisis of infidelity to truth and principle, and, of course, the 1999 transition to civil rule election, which presidency Olusegun Obasanjo won.

The judge in his ruling on the exparte motion, granted the EFCC a 45 - day of grace period within which to investigate whether the property was acquired by Jonathan with proceeds of crime.

Senator Schumer Recent Votes Tracking Senator Schumer in the Age of Trump fivethirtyeight.com Senator Gillibrand Recent Votes Tracking Senator Gillibrand in the Age of Trump fivethirtyeight.com Megavote December 5, 2017 Tax Overhaul — Motion to Proceed — Vote Agreed to (52 - 48) McConnell, R - Ky., motion to proceed to the bill that would revise the federal income tax system by: lowering -LSMotion to Proceed — Vote Agreed to (52 - 48) McConnell, R - Ky., motion to proceed to the bill that would revise the federal income tax system by: lowering -LProceed — Vote Agreed to (52 - 48) McConnell, R - Ky., motion to proceed to the bill that would revise the federal income tax system by: lowering -LSmotion to proceed to the bill that would revise the federal income tax system by: lowering -Lproceed to the bill that would revise the federal income tax system by: lowering -LSB-...]

Tax Overhaul — Motion to Proceed — Vote Agreed to (52 - 48) McConnell, R - Ky., motion to proceed to the bill that would revise the federal income tax system by: lowering individual and corporate tax rates; consolidating the current seven tax income rates into four rates; eliminating the deduction for state and local income taxes; limiting certain deductions for property taxes and home mortgages; and creating a new system of taxing U.S. corporations with foreign subsidiMotion to Proceed — Vote Agreed to (52 - 48) McConnell, R - Ky., motion to proceed to the bill that would revise the federal income tax system by: lowering individual and corporate tax rates; consolidating the current seven tax income rates into four rates; eliminating the deduction for state and local income taxes; limiting certain deductions for property taxes and home mortgages; and creating a new system of taxing U.S. corporations with foreign subsidProceed — Vote Agreed to (52 - 48) McConnell, R - Ky., motion to proceed to the bill that would revise the federal income tax system by: lowering individual and corporate tax rates; consolidating the current seven tax income rates into four rates; eliminating the deduction for state and local income taxes; limiting certain deductions for property taxes and home mortgages; and creating a new system of taxing U.S. corporations with foreign subsidimotion to proceed to the bill that would revise the federal income tax system by: lowering individual and corporate tax rates; consolidating the current seven tax income rates into four rates; eliminating the deduction for state and local income taxes; limiting certain deductions for property taxes and home mortgages; and creating a new system of taxing U.S. corporations with foreign subsidproceed to the bill that would revise the federal income tax system by: lowering individual and corporate tax rates; consolidating the current seven tax income rates into four rates; eliminating the deduction for state and local income taxes; limiting certain deductions for property taxes and home mortgages; and creating a new system of taxing U.S. corporations with foreign subsidiaries.

«The suit comes up Friday May 27, 2016 for the hearing of all pending applications, including Motions for stay of proceeding / execution of the order of May 12, 2016 pending the Appeal already filed against the suit; motion to set - aside and / or vacate the order of May 12, 2016; motion for joinder of certain persons; motion on notice by way of notice of preliminary objection on ground of jurisdiction, among others.»

deCODE's actual results could differ materially from those anticipated in the forward - looking statements as a result of risks and uncertainties, including, without limitation, (1) the impact of the announcement of its bankruptcy filing on deCODE's operations; (2) the ability of deCODE to maintain sufficient debtor - in - possession financing to fund its operations and the expenses of the Chapter 11 proceeding; (3) the ability of deCODE to obtain court approval of its motions in the Chapter 11 proceeding; (4) the outcome and timing of the proposed sale of deCODE's assets, including deCODE's ability to close a transaction with SagaInvestments, LLC or any other purchaser; (5) the uncertainty associated with motions by third parties in the bankruptcy proceeding; (6) deCODE's ability to obtain and maintain normal terms with vendors and service providers and contracts that are critical to its operation; and (7) other risks identified in deCODE's filings with the Securities and Exchange Commission, including, without limitation, the risk factors identified in our most recent Annual Report on Form 10 - K and any updates to those risk factors filed from time to time in our Quarterly Reports on Form 10 - Q or Current Reports on Form 8 - K.

The Secretary shall initiate a rulemaking proceeding to consider a Federal motor vehicle safety standard for passenger motor vehicles with pushbutton ignition systems that establishes a standardized operation of such systems when used by drivers, including drivers who may be unfamiliar with such systems, in an emergency situation when the vehicle is in motion.

In re MacDonald 08 - 11741 (Decision March 10, 2009; Judge Bucki, Buffalo) Motion by debtors to compel trustee to return life insurance proceeds turned over pursuant to the 2002 decision in Teufel etc..

However, to do so, a creditor must bring a motion before the court and argue that the action needs to proceed to determine how much the creditor is actually owed or that the type of debt is not covered by a consumer proposal or a bankruptcy.

«Proceeding from her geometric drawings of 1973, in which elements of the work were set in motion, Genzken now began to mobilize viewers themselves and to define sculpture as a series of performance events in space to be executed by the beholder.

In the latest chapter of the online defamation case by UofO law professor, Joanne St. Lewis, the plaintiff proceeded recently with a motion to compel a response from undertakings and refusals.

A person commits a misdemeanor of the second degree if the person in any manner and for any purpose uses or operates a device to capture, record, transmit or broadcast a photograph, video, motion picture or audio of a proceeding or person within a hearing room, courtroom or the environs of a hearing room or courtroom without the approval of the court or presiding judicial officer or except as provided by rules of court...» environs» means the area immediately surrounding any entrance or exit.

Regarding the scope of the minister's right to be represented before the ATQ by a person of their choice (and not necessarily a member of the bar), Côté concluded that «only an advocate or a solicitor may prepare and draw up a notice, motion, proceeding or other similar document intended for use in a case before the ATQ's social affairs division.

Limit on cross-examinations 7 (1) Subject to subsection (2), cross-examinations on any documentary evidence filed by the parties shall not exceed a total of seven hours for all plaintiffs in the proceeding and seven hours for all defendants (2) A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interest of justice Costs on dismissal 8 (1) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

An expanded panel of the USPTO Patent Trial and Appeal Board («PTAB» or «Board») recently exercised its discretion under 35 U.S.C. § 315 (c) to grant a motion to join an inter partes review proceeding with an already - initiated proceeding filed by the same petitioner.

Order to dismiss (3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.

[25] Whether a delay is inordinate is determined simply by reference to the length of time from the commencement of the proceeding to the motion to dismiss.

If the Newmarket court will insist that motions that can be heard by the Master must wait until the Master is available, as opposed to proceeding before a Judge at an earlier date (something I have not had the opportunity to inquire about as of yet), then numerous motions which could otherwise be heard in short order will have to wait many months to be adjudicated.

For this reason, our Rules of Civil Procedure provide for the option of a summary judgment motion, which allows the moving party to proceed «directly» to a judge and make a pitch that this particular case can be decided by a motion judge and does not require a full trial.

According to the legislation, if a party to an arbitration agreement starts a lawsuit instead of proceeding with an arbitration, the Court will stay that proceeding upon motion brought by the other party to the arbitration agreement.

5 On motion by the person against whom a proceeding is brought, a judge shall, subject to subsection (6), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

(4) If a parent who is granted parenting time rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other court order to receive a copy of any notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to court order, if the residential parent intends to move to a residence other than the residence address specified in the parenting time order, and if the residential parent does not want the parent who is granted the parenting time rights to receive a copy of the relocation notice because the parent with parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the court requesting that the parent who is granted the parenting time rights not receive a copy of any notice of relocation.

(2) Where the physical or mental condition of a party to a proceeding is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health practitioners.

(3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.

106 A court, on its own initiative or on motion by any person, whether or not a party, may stay any proceeding in the court on such terms as are considered just.

(3) A judge presiding over the Family Court may, on motion, order that a proceeding commenced in the Family Court be transferred to the appropriate court in a place where the Family Court does not have jurisdiction if, in the judge's opinion, the preponderance of convenience favours having the matter dealt with by that court in that place.

(3) A motion for interim or other interlocutory relief in a proceeding referred to in the Schedule that is required or permitted by the rules or an order of the Family Court to be heard and determined in a part of Ontario where the Family Court does not have jurisdiction shall be heard and determined in the court that would have had jurisdiction if the proceeding had been commenced in that part of Ontario.

(2) A motion for interim or other interlocutory relief in a proceeding referred to in the Schedule that is required or permitted by the rules or an order of a court to be heard and determined in a part of Ontario where the Family Court has jurisdiction shall be heard and determined in the Family Court.

137.4 (1) If the responding party has begun a proceeding before a tribunal, within the meaning of the Statutory Powers Procedure Act, and the moving party believes that the proceeding relates to the same matter of public interest that the moving party alleges is the basis of the proceeding that is the subject of his or her motion under section 137.1, the moving party may file with the tribunal a copy of the notice of the motion that was filed with the court and, on its filing, the tribunal proceeding is deemed to have been stayed by the tribunal.

(5) Once a motion under this section is made, no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally disposed of.

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

186 (1) If a person sustains loss or damage by reason of a motor vehicle being in motion, the onus of proof in any civil proceeding that the loss or damage did not entirely or solely arise through the negligence or improper conduct of the owner or driver of the motor vehicle is on that owner or driver.

If the responding party wishes to put the moving party through the discovery process, the moving party is placed in a position where by the time the motion date finally rolls around, they will have gone through most of the expense that they otherwise would have gone through if they proceeded in the normal course (to trial).

Some solutions proposed are: rationing of judicial time for example by assigning a fixed number of motions to each proceeding; charging higher filing fees for additional motions; penalizing obstructionist conduct through multiples of indemnification costs; awarding priority dates to well - run litigation; more motions in writing; higher filing costs for longer hearings; more aggressive use by the Bench of rules that permit judges to control the court process such as time limits for evidence in chief and cross, and some outsourcing of judicative functions.

[2] Given the directions made by the Supreme Court of Canada on the issue of proportionality in summary judgment motions in its recent decision in Hryniak v. Maudlin, 2014 SCC 7 (CanLII), 2014 SCC 7, in my view when a request is made in an action on the Toronto Region Commercial List for a summary judgment motion date, one judge should case manage the proceeding.

Issues: Did the motion judge err by making a representation order authorizing the individual defendants to defend the proceeding as representatives of all the members of Local 773 after the expiry of the limitation period?

The respondent had pointed this out by letter and since the motion could not proceed, the moving party was ordered to pay the respondents time cost thrown away.

The Court's decision in California State Teachers» Retirement System v. Alvarez — a suit brought on behalf of Wal - Mart Stores, Inc. — refused to adopt the Delaware Court of Chancery's recommendation that, as a matter of federal due process, a judgment in one derivative action should not bind the corporation or its stockholders in another derivative action unless either (i) the first action has survived a motion to dismiss because a pre-suit demand on the corporation's board of directors would have been futile or (ii) the board has given the plaintiff authority to proceed on the corporation's behalf by declining to oppose the derivative suit.

We note that concerns about the constitutionality of the filing... of judgments from nations that do not adhere to basic principles of due process of law may be addressed by amending the FCMJRA to require prior judicial approval of judgments of foreign countries by way of motion or a separate enforcement proceeding.

The taxpayers argued that it was appropriate to deal with these issues before the hearing, whereas the Crown argued that these issues could not be determined on a Rule 58 motion because, in this case, the facts arose from a plea bargain rather than a determination by a court, the agreed facts did not address the GST liability of the corporation or the other individual's income tax liability, and the facts (and tax liability) of a criminal proceeding would only prohibit the parties from alleging a lower tax liability in a civil proceeding.

As stressed by the Court, on a motion to strike a court errs on the side of permitting a novel but arguable claim to proceed to trial.

It alleges that the motion judge reversed the onus of proof by requiring the appellant to establish that an action would have been appropriate when the allergic symptoms first appeared in 2010 and also that she applied a subjective rather than objective standard to the determination of when a proceeding would be an appropriate means to seek to remedy the injury, loss or damage.

a. Whether the motion judge erred by not accepting facts pleaded in a civil court proceeding as evidence in the current proceeding.

(b) if the order is made by the Federal Court or the Family Court of its own motion — by the applicant in the proceeding.

6 DOS 94 Matter of DOS v. Eagle Financial Services - motion to amend complaint; procedural due process; motion for severance; motion for stay of proceedings; adjournment; once issued, license is valid even if procured by fraud and voidable only in quasi-judicial proceeding; negotiating of mortgage loan requires real estate license; corporate licensee vicariously liable for conduct of unlicensed salesperson; failure to return and conversion of deposits