A South Carolina Motion for Removal is a legal document filed by a defendant in the state of South Carolina in order to have the case removed from the state court jurisdiction to federal court jurisdiction. This motion is typically filed when the defendant believes they will receive more favorable treatment in a federal court. There are three types of South Carolina Motion for Removal: (1) removal based on diversity jurisdiction, (2) removal based on federal question jurisdiction, and (3) removal based on supplemental jurisdiction. In a removal based on diversity jurisdiction, the defendant must show that both parties are citizens of different states and the amount of money in dispute is greater than $75,000. In a removal based on federal question jurisdiction, the defendant must show that the case arises out of a federal law or the U.S. Constitution. Finally, in a removal based on supplemental jurisdiction, the defendant must show that the claim is related to a claim in the original case which was filed in federal court.
South Carolina Motion for Removal
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FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
Filing a Brady Motion ? Another option is to file a Brady motion, which compels the prosecution to disclose any material and exculpatory evidence in its possession.
If a pleading sets forth a cause of action or defense to which an adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that cause of action or defense.
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
Upon any trial or hearing, the clerk shall furnish the original record in the action to the judge, who shall return same to the clerk immediately upon completion of such trial or hearing. Copies of the record may be furnished instead of the original by permission of the judge.
The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.
Section 23-3-463 - Motion to request order to be removed from requirements of the sex offender registry (A) An offender may file a motion with the general sessions court to request an order to be removed from the requirements of the sex offender registry act if: (1) He is a Tier I or Tier II offender or if the offender
Rules to show cause carry powerful sanctions which are listed in S.C. Code § 63-3-620. The court can order the other party to spend up to one year in jail, fine him or her up to $1,500.00 or make him or her perform up to 300 hours of community service unless and until that party complies with the court order.