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Archive for the ‘Motions’ Category

*All Posts,Frivolous litigation,Litigation,Sanctions,Sanctions

An award of fees against a bad faith litigant is not a sanction, or punitive, but reflects the additional and unnecessary costs imposed on the innocent party

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March 13, 2012 at 11:51 am

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*All Posts,Litigation,Motions,Relief from judgment

A party seeking to be relieved from a judgment on the basis of fraud must demonstrate by clear and convincing evidence testimony or conduct that is willfully false, material to the issue, and the falsity could not have been discovered by reasonable diligence

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March 6, 2012 at 6:36 pm

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*All Posts,Agreements,Divorce,Litigation,Motions,Property-settlement-agreement,Relief from judgment,Settlement agreement

when a party is represented by an attorney, states he or she understands the agreement, and there are no substantiated allegations of fraud, unconscionability or overreaching in the negotiations of the PSA, there is no legal or equitable basis to reform the agreement

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March 6, 2012 at 6:34 pm

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*All Posts,Divorce,Litigation,Motions,Relief from judgment

As a general matter, a motion to set aside a judgments or order in family actions must be made within a reasonable time and, if based on the ground of fraud, the motion shall be made not more than one year after the judgment was entered

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March 6, 2012 at 6:31 pm

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*All Posts,Litigation,Motions

The entry of an order without notice to all parties is generally not proper, even if certain parties are not directly affected

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March 6, 2012 at 6:14 pm

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*All Posts,Aid of litigants rights,Compel discovery,Litigation,Motions

Failure to comply with a court order

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February 13, 2012 at 1:02 pm

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*All Posts,Litigation,Motions,Summary Judgment

Findings without reference to the supporting evidence are insufficient to permit review by the appellate court and a disservice to the litigants, who are left to speculate about the basis for the discretionary decision

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February 13, 2012 at 1:00 pm

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*All Posts,Appeal,Litigation,Sanctions,Sanctions

A trial court’s decision on contempt motions are generally subject to appeal as a final disposition

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February 13, 2012 at 12:56 pm

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*All Posts,Litigation,Motions

The use of correspondence must not be a substitute for motions when presenting a party’s request for specific relief

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February 7, 2012 at 6:14 pm

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*All Posts,Litigation,Relief from judgment

The court may vacate a final judgment for mistake, inadvertence, surprise, or excusable neglect

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February 7, 2012 at 6:11 pm

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