Alaska Motion to Clarify and / or Reconsider and for Protective order

State:
Multi-State
Control #:
US-MOT-01428
Format:
Word; 
Rich Text
Instant download

Description

This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.
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FAQ

(1) A party may move the court to reconsider a ruling previously decided if, in reaching its decision, (A) the court has overlooked, misapplied or failed to consider a statute, decision, or principle directly controlling; or (B) the court has overlooked or misconceived some material fact or proposition of law; or (C) ...

A motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.

If the person released on bail on the giving or pledging of security fails to appear before a court or a judicial officer as required, the judge or magistrate judge before whom the person released was to appear shall forfeit the security.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.

The Rule 45 commencement date for a new charge arising out of the same criminal episode shall be the same as the commencement date for the original charge, unless the evidence on which the new charge is based was not available to the prosecution on the commencement date for the original charge.

You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.

Rule 40 - Time (a)Computation. Except as otherwise specifically provided in these rules, in computing any period of time, the day of the act or event from which the designated period of time begins to run is not to be included.

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Alaska Motion to Clarify and / or Reconsider and for Protective order