An application proceedings begins when the applicant files a notice of motion, which advises the respondent of his or her claim. This notice will typically be accompanied by a founding affidavit. The responding party must serve an opposing affidavit to dispute the allegations of fact set forth in the applicant’s affidavit. After receiving the opposing affidavit, the applicant may file a replying affidavit.
Notice of application to strike out
Generally, a party can request to have proceedings struck out if the evidence in support of its claim is insufficient. This is a less-severe remedy than dismissal, but it still carries significant consequences. Bringing a strike out application at the earliest possible date will help avoid wasted time and costs, and will also ensure that all parties involved know the issues that are going to be tried. If, however, the application is brought too late, a party may have waived its right to dispose of the proceedings.
Whether an application is properly filed can be determined by examining whether it meets the standards of fairness and legality. Courts are expected to adhere to these standards and should not be abused. Failure to comply with the rules can seriously affect the integrity of the judicial process. It can also cost a party a trial date or window, causing significant administrative headaches for the court. Regardless of the reason, the right to argue is a basic right that a party must adhere to.
Service requirements
Rule 5 governs nearly every court document, from the simplest to the most complex. It requires that every party receives appropriate notice at each step of the process, including motions,
answers, and other required papers. A motion or answer is considered “similar paper” if it is a document that must be served. In Massachusetts, attorneys routinely send copies of all papers to opposing counsel. Until Rule 5 was enacted in 2000, all parties served on a motion were required to give notice.
Non-disclosure grounds
While the law does not explicitly address the question, it does recognize certain situations where non-disclosure grounds may apply to an award. Generally, a party must disclose all copies of documents, unless certain information is sensitive or irrelevant. In such a scenario, the other party can request copies of specific original documents, such as documents concerning Porsche. In such situations, the party should disclose the documents to the other party.
The court may order the disclosure of certain documents. However, if the information requested is personal, such as a financial statement, then a party may not seek the disclosure of the documents in question. The court may, however, order disclosure of documents based on their significance and the likelihood of a public interest in their disclosure. Therefore, parties must exercise caution when referring to privileged material during proceedings. The open justice argument may not be successful in such a situation.
Hearing in such a manner as the court deems best suited to discover the facts and determine the justice of the case
The Constitution’s Ex Post Facto Clause prohibits courts from applying criminal laws retroactively. However, in the recent case of Rogers v. Tennessee, the court threw out a common law rule regarding a victim’s death within a year. Although the majority questioned the decision, dissenting Justice Scalia argued that it was an outright reversal of the existing law.
The supremacy clause was affirmed in several cases. In the 1970s, the Supreme Court struck down a federal statute requiring state courts to have a jury trial in civil cases. The court said that it should not have to rely on expert testimony. In addition, it should avoid second-guessing regulatory commissions’ assessment of expert testimony.
