Alabama Motion to Consolidate - Personal Injury

State:
Multi-State
Control #:
US-PI-0084
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion by the defendant in a personal injury action request that the court consolidate the trials of two separate actions arising out of the same set of facts.
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FAQ

Rule 25 provides mechanics for substitution in the event of death, incompetency, transfer of interest and death or separation from office of public officers.

- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.

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 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.

A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.

Rule 42(b) provides that separate trials are to be ordered only where needed ?in furtherance of convenience or to avoid prejudice.? Separate trials are not to be granted merely because the matters involved would have been tried separately before the rules were adopted, or because some of the parties might prefer ...

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...

Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders. It sets specific requirements for two types of orders that courts may issue before a full trial on the merits: preliminary injunctions and temporary restraining orders (TROs).

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Alabama Motion to Consolidate - Personal Injury