Maine Emergency Motion to Remand Cause: A Comprehensive Overview In the state of Maine, an Emergency Motion to Remand Cause refers to a legal request made by a party involved in a civil case to return the case to the jurisdiction where it was initially filed. This emergency motion is typically filed when unforeseen circumstances occur during the litigation process, rendering it necessary to restore the case to its original court. Keywords: Maine, Emergency Motion, Remand Cause, civil case, litigation process, jurisdiction. There are several types of emergency motions to remand causes one might encounter in the Maine legal system, including: 1. Emergency Motion to Remand Cause Due to Lack of Subject Jurisdiction: This type of motion is filed when the party raising the motion believes that the court handling the case lacks the authority or jurisdiction to preside over the matter. It might be due to a misinterpretation of the law, improper venue, or any other factor that would render the court unable to decide the case on its merits. 2. Emergency Motion to Remand Cause Based on Improper Removal: In situations where a case has been improperly removed from its original filing court to a federal court, an emergency motion to remand cause can be filed challenging the removal. The party typically argues that the removal violated statutory requirements or procedural rules, necessitating the case's return to the state court. 3. Emergency Motion to Remand Cause for Lack of Diversity Jurisdiction: If a civil case's removal to a federal court is based on diversity jurisdiction, which requires that the parties involved are from diverse states or countries, an emergency motion to remand cause may be filed if the removal is contested. The motion asserts that the removal was improper because the diversity jurisdiction requirement has not been satisfied. 4. Emergency Motion to Remand Cause Due to Insufficient Amount in Controversy: One may file an emergency motion to remand cause if they believe that the defendant improperly removed the case to a federal court based on the amount in controversy. If the value of the dispute or damages does not meet the statutory minimum required for federal jurisdiction, the party can request remand to the state court. 5. Emergency Motion to Remand Cause Due to Procedural Irregularities: If a party identifies procedural irregularities during the removal process that undermine the fairness or integrity of the case, an emergency motion to remand cause can be filed. This could include violations of notice requirements, untimely removal, or failure to follow proper procedures outlined in the removal statutes. In all these types of Emergency Motion to Remand Cause in Maine, the party filing the motion must promptly notify the court and the opposing party about the emergency circumstances that necessitate the remand. Supporting legal arguments, evidence, and applicable case laws should be presented to substantiate the request for remand. It is crucial to consult with an experienced attorney familiar with Maine's legal system to determine the appropriate type of emergency motion to remand cause to file, given the specific circumstances of each case.
Maine Emergency Motion to Remand Cause
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No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.
All appeals shall, unless the Law Court otherwise directs, be in order for oral argument or other consideration 21 days after the date on which the appellees brief is due to be filed or is filed, whichever is earlier.
The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.
Whenever a judgment debtor or any other person fails to comply with any court order entered pursuant to this chapter, except an order against a judgment debtor issued for failure to comply with a disclosure subpoena, the judgment creditor may file a motion with the court to hold that person in contempt.