What does it mean when a Judgement is set aside?
If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment ‘set aside’. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
Can a judge refuse to rule on a motion?
Motions must be made in writing and they must follow certain criteria, including things like notice requirements. If the Motions do not meet procedural requirements, then the clerk may refuse to file them or the Judge may refuse to hear them.
What happens at a motion to dismiss hearing?
When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff’s case. The parties (well, their lawyers) will come to court, explain their positions on the motion to dismiss, and answer any questions posed by the judge. Finally, the judge will decide to grant or deny the motion.
What is the effect of granting a motion to dismiss?
A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant’s favor — most often denying the plaintiff the opportunity to go to trial.
What happens when a judge denies a motion?
The answer will state whether the defendant wants a jury trial. The judge will grant or deny the motion, and the case will either be dismissed or continue and the defendant will answer the complaint. Alternatively, the parties may appeal the judge’s decision on the motion.
How long does a motion to reconsider take?
Although some cases may take longer, USCIS field offices and service centers try to adjudicate motions within 90 days. The AAO strives to complete its review of motions within 180 days from the time it receives a complete case file.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.
How many times can you file a motion to reopen?
Generally, a petitioner can file only one motion to reopen, but there are few exceptions when you can repeat the motion and appeal to the court’s decision. This is the case for “in absentia” removal, as we mentioned previously.
Is a motion to reconsider debatable?
The motion to reconsider is debatable to the extent that the motion being reconsidered is debatable. It is not, however, considered at the time it is made if other business is pending, and the timing of its consideration depends on the ranking of the motion that led to the vote to be reconsidered.
What does motion to reconsider mean?
A motion for reconsideration is a legal request that allows you to ask the judge to reconsider his/her ruling.
Who can reconsider a bill?
By threatening a veto, the President can persuade legislators to alter the content of the bill to be more acceptable to the President. Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate. (Usually an act is passed with a simple majority.)