Motion - Law Dictionary Search Results

prejudice

decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility

pretrial

pretrial : existing or occurring before trial [a motion] [a detainee]

pro hac vice

pro hac vice [Latin] : for this occasion [a motion to admit the attorney pro hac vice as counsel of record "Huff v. State, 622 So. 2d 982

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reargument

which a petitioner claims was overlooked or misunderstood by the court NOTE: Reargument requires the granting of a motion, which must be filed within a specified period after entry of the court's judgment. re·ar·gue [-Ä r-gyü] vt

remittitur

plaintiff to remit the portion of the verdict deemed excessive in lieu of a grant of a defendant's motion for a new trial or of a reversal if the court is an appellate court b : a

res ipsa loquitur

in the absence of negligence [a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence "Cox v. May Dept. Store Co.,

return day

file an answer c : a day on which a hearing on an action or proceeding (as a motion) is to be held d : a day on which proof of service must be returned e :

speaking

speaking : addressing matters not set forth in the pleadings [a demurrer] [a motion]

special appearance

to challenge jurisdiction has been abolished, and jurisdiction may be challenged in the pleadings or in a pretrial motion.

sua sponte

sua sponte [Latin, of its own accord] : on the court's own motion or initiative [authorize the court to order a new trial sua sponte "J. H. Friedenthal et al."] [the