Topic
Motion Practice
41 published works
NJ Family Legal Blog
WHAT! NO ORAL ARGUMENT ON MOTIONS?
An opinion recently rendered by the Appellate Division points out the necessity of submitting proper paperwork on motions, particularly post-judgment motions. The opinion in Palombi v. Palombi arises in the context…
South Carolina Appellate Law
Supreme Court Receives Comments Regarding Proposed Changes to Rule 6, SCRCP
On June 22, 2009, the South Carolina Bar petitioned the Supreme Court to consider amendments to Rule 6 of the South Carolina Rules of Civil Procedure. Specifically, the petitioners sought…
New York Attorney Malpractice Blog
A Frivolous Legal Malpractice Case
Legal Malpractice cases are dismissed upon a motions on the pleadings. It happens not infrequently. It seems that legal malpractice actions are more scrupulously examined for the "but for" portion…
The Contingency
Tenth Circuit Says Get Real on Proof Filter
The nuts and bolts of motion practice often baffle new lawyers. Perhaps their profs felt that lifting the veil on so mundane a thing would demean both pedant and learner. Or…
NJ Family Legal Blog
Procedure Cleared Up for the Filing of Cross Motions
Since I began practicing in family law, there has been a great debate about whether when filing a cross motion in the family part, if the subject matter has to relate back to…
Death Penalty
Update -3: The FACDL Death is Different 15th Annual Death Penalty Seminar
By Terry Lenamon / Reba Kennedy
FACDL Death Penalty Seminar, Day 3: On Day 3 of the FACDL Death Penalty Seminar, it was my turn to speak on "Creative Motion Practice," which more accurately should be…
New York Attorney Malpractice Blog
Reminder: Big Changes in Motion Practice and Service
Times for notice of motion and cross-motion changed in July. We reported it, and here is an article from the NYLJ by Howard Shafer which gives a comprehensive outline. "The New…
Legal Writing Prof Blog
odd motions
By legalwriting
This is the time of year when I teach my students some of the basics of motion practice. Everyone is familiar, of course, with standard procedural motions such as those…
Legal Writing Prof Blog
“What, fisty-cuffs?”
By legalwriting
There was some discussion earlier today on the legal writing professors' listserve about a motion requesting a court to order a fist fight. The document is available at http://www.legalreader.com/archives/images/fistfight.pdf.Perhaps the…
New York Attorney Malpractice Blog
60 Day Motion Rule
OCA issued this rule over the new years vacation, but no one should miss the significance of movant's obligation to comply. New York Civil Law Blog reports it, and includes…