Alabama Sample Letter for Motion to Continue
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How to fill out Sample Letter For Motion To Continue?
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FAQ
Any party may file a response in opposition to a motion, other than one for a procedural order (for which see subdivision (b)), within 7 days (1 week) after service of the motion; but the court may shorten or extend the time for responding to any motion.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.
Rule 68 ? Offer of judgment. At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.
The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
Rule 55(a) authorizes the clerk to enter defaults upon the civil docket when the party fails ?to plead or otherwise defend?. Consequently, a party who has appeared can be in default for failing to file subsequent pleadings or otherwise defend.
Under that rule the court can, in a proper case, direct entry of a final judgment as to less than all of the parties or claims involved in an action. Such judgment is final for purposes of appeal. Under this rule the court can stay enforcement of such conditions as to a stay as are necessary.
