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A motion to dismiss will usually be granted only if the alleged infractions are repeated or significant and have resulted in prejudice to another party or the administration of justice. b. Ruling. The appropriate appellate court may rule on the motion or may order the motion submitted with the appeal.
Any party may file a written response to a motion within ten days after the motion is served, unless the time period is extended or shortened by rules of the division or the presiding officer. The presiding officer may consider a failure to respond within the required time period in ruling on a motion.
2.24(2)New trial. a. Motion generally. A motion for new trial by the defendant shall be made not later than 45 days after verdict of guilty or special verdict upon which a judgment of conviction may be rendered and not later than 5 days before the date set for pronouncing judgment.
IT IS THEREFORE ORDERED AS FOLLOWS: Except in exigent or unusual circumstances, any continuance motion or request must be in writing, signed by the client, and filed not later than seven days before the court event for which rescheduling is requested.
431(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.
1.904(2) Motion to reconsider, enlarge, or amend. On motion joined with or filed within the time allowed for a motion for new trial, the findings and conclusions may be reconsidered, enlarged, or amended and the judgment or decree modified ingly or a different judgment or decree substituted.
Any party resisting the motion shall file and serve a resistance within 15 days, unless otherwise ordered by the presiding officer, from the date a copy of the motion was served.
A continuance is a judicial act and takes a judicial act to overturn it. It is within the discretion of the court to assign and impose costs for a continuance in a civil case. Extensive case law reviewed.