This is a sample motion to continue a trial date alleging no prejudice to the defendant.
This is a sample motion to continue a trial date alleging no prejudice to the defendant.
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(e) Motion to alter, amend, or vacate a judgment. A motion to alter, amend, or vacate the judgment shall be filed not later than thirty (30) days after entry of the judgment.
Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.
Default. (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. The clerk's entry of default may be made electronically.
Insofar as the motion to strike, sanctioned by Rule 12(f), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice.
Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings.