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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.
A Motion for Contempt is a more serious alternative to a Motion to Enforce and is more difficult to prove. In order to prove that someone is in contempt, you must show the court by clear and convincing evidence that the other party: Is not following the court's order; That the party has the ability to do so; and.
No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.
Rule 80B(m) is amended to clarify that an order of remand from the Superior Court to the governmental agency is not a final judgment from which an appeal lies, absent special circumstances. The amendment is not intended to change the law governing final judgments, moot issues or the preservation of issues for appeal.
A party upon whom a request is served to produce the party's medical, employment or other records in the possession of a third party may, at the party's option, produce in place of such records an effective written authorization by which the submitting party may obtain the requested records.
If an application is made to produce the information under Rule 26(g), the party resisting discovery bears the initial burden to show the court that the information is not, in fact, "reasonably accessible because of undue burden or expense." The requesting party must then show "good cause" why the information should be ...