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A ?motion to dismiss? is typically filed in response to a complaint and is made in lieu of filing an ?answer.? Technically, a plaintiff can move to ?strike? a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
To request an adjournment, a defense attorney or prosecutor must contact the opposing party to gain consent to adjourn the proceeding. The requesting party must then file a stipulation and order with the Court that also includes a reason for the request to adjourn the proceeding.
In a legal sense, to adjourn means to suspend court proceedings to another time or place, or to end them. It is different from recess, which is a break in a trial, other adjudicatory proceedings or legislative session until a specified date and time. For example: The court adjourned for the day and everyone went home.
A motion to adjourn is a formal procedure that ends a meeting. If there is any unfinished business at the time of adjournment, it is typically carried over to the next meeting. Prior to the motion to adjourn, the chair should be sure that no important matters have gone unnoticed.
An adjournment is re-scheduling of a court proceeding, be it arraignment, plea, trial, sentencing, or otherwise. The granting of an adjournments is at the discretion of the judge (e.g. see s. 571 and 645; 669.1(2)), but in practice is a frequent occurrence.
The basic rules for adjournment are: A board member cannot interrupt a speaker who has the floor. A motion to adjourn must be seconded. A motion to adjourn is not debatable or amendable. A motion to adjourn must have a majority vote.
This means that the party requesting an adjournment of the hearing must file a complaint with the court at the commencement of the hearing in order to postpone the hearing for that day. Our judicial system has all the power to postpone the hearing. In other words, the court can also choose not to postpone the hearing.
The chairperson has adjourned the meeting. Court is adjourned until tomorrow. The meeting adjourned at . Congress will not adjourn until the budget has been completed.