Trial Procedure; A Treatise on Procedure in Civil Actions and Proceedings in Trial Courts of Record Under the Civil Codes of All the States and Territories

Trial Procedure; A Treatise on Procedure in Civil Actions and Proceedings in Trial Courts of Record Under the Civil Codes of All the States and Territories

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... once refused by the judge to whom the first application was made, except when the refusal was based on insufliciencies or informalities in the papers or proceedings necessary to obtain the order. But there is nothing in the nature of a proceeding on a motion which gives it the effect of res adjudicata, so as to prevent another hearing on the same papers, or on new and additional papers. To prevent litigiousness, however, the courts generally have adopted the following rules in relation to the renewal of applications when the same have once been denied: (1) When an application has been once fully heard and decided. the same motion cannot be again presented to the court for its decision on the same grounds, or on grounds existing when motion was made, until leave has been asked and obtained for a second hearing of such motion." This rule applies where there has been a change of the judge of the court, whether by change of venue or resignation, etc., as the court remains the same though the judge is changed. (2) When something has arisen, or has for the first time come to the knowledge of the movant, since the decision of the first motion, which creates a different state of facts from that on which the motion was decided, a new motion, based on the facts as they now exist, may be made as a matter of right, and no leave to renew the motion is necessary. The requiring of leave to renew the motion is nothing but a rule of procedure, and does not affect the power of the court to reconsider its former decision on the presentation of additional facts. It is entirely discretionary with the court or judge whether he will hear the same motion again on the same papers. When a party desires to renew his motion, it seems the better procedure is to...show more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123698532X
  • 9781236985323