Idaho Notice of Hearing on Motion to Consolidate

State:
Idaho
Control #:
ID-SKU-434
Format:
Rich Text
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Description

Notice of Hearing on Motion to Consolidate

The Idaho Notice of Hearing on Motion to Consolidate is a legal document that is used to notify parties of a hearing in which they can present arguments in favor of or against consolidating multiple cases. This document is typically used when two or more cases that involve the same parties and/or the same subject are heard simultaneously, which simplifies the process and ensures a timely resolution. There are two types of Idaho Notice of Hearing on Motion to Consolidate: one for criminal proceedings, and one for civil proceedings. The Notice outlines details of the hearing, such as the date, time, and location, as well as the purpose of the hearing and any rules and regulations that apply. It also typically includes instructions on how to respond to the Notice, and how to prepare for the hearing.

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FAQ

Rule 42 - Consolidation; Separate Trials (a) Consolidation. If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay.

Federal Rule of Civil Procedure 12(b)(6) authorizes dismissal of a complaint for failure to state a claim upon which relief can be granted. The complaint must be liberally construed in the plaintiff's favor, and all facts pleaded in the complaint must be taken as true.

"A court may grant a motion to dismiss for failure to state a claim under Rule 12(b)(6) only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief." Harper v. Harper, 122 Idaho 535, 536, 835 P.

There are, however, key differences between a Rule 12(b)(6) and a Rule 12(c) motion. First, Rule 12(c) permits any party to file the motion. While a motion under Rule 12(b)(6) is brought by a party against whom a claim is asserted, a motion under Rule 12(c) may be brought by any party.

The defendant shall have the right to enter a plea to a misdemeanor citation or complaint before the court. If the defendant enters a plea of not guilty, a trial date notice shall be issued to the defendant in the form provided by this rule, and the bail bond, if any, shall be set by the court.

In felony cases, motions under Rule 12(b) must be brought on for hearing within 14 days after filing or 48 hours before trial, whichever is earlier. The court may shorten or enlarge the time and, for good cause shown or for excusable neglect, may relieve a party of failure to comply with this rule.

(1) A person who has been sentenced by the court following a plea of guilty or finding of guilt may have probation revoked or may be found in contempt for failure to pay a fine, fee, or costs only if the court finds that the person has willfully refused to make payment, or has failed to make sufficient bona fide

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Idaho Notice of Hearing on Motion to Consolidate