South Carolina Motion for Removal is a legal process that allows a person to have their criminal record expunged or sealed from public view. It is a type of relief that is available in South Carolina for individuals who have been convicted of, or pled guilty to, certain criminal offenses. There are two types of South Carolina Motion for Removal: Expungement and Sealing. Expungement of records is the complete destruction of a criminal record, while sealing of records is the restriction of public access to a criminal record. Both types of relief allow individuals to have their criminal records removed from public view, allowing them to move forward with their lives without the stigma and limitations of a criminal record.
South Carolina Motion for Removal
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Motion for Removal
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FAQ
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.
What does a trial test that a 12(b)(6) motion does not? Trial tests the truth of the allegations.
If a pleading sets forth a cause of action or defense to which an adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that cause of action or defense.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
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.
If a pleading sets forth a cause of action or defense to which an adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that cause of action or defense.
Section 23-3-463 - Motion to request order to be removed from requirements of the sex offender registry (A) An offender may file a motion with the general sessions court to request an order to be removed from the requirements of the sex offender registry act if: (1) He is a Tier I or Tier II offender or if the offender
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
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Once a case is served, the defendant has 30 days to remove it to federal court. Practically speaking, attaching the entire state court file to the notice of removal will satisfy this requirement.The grant of a motion to amend the Notice of removal is viewed as the appropriate remedy. A defendant has 30 days from the date when they receive the plaintiff's petition or complaint to remove the case to federal court. You file a motion to dismiss, which should be granted, ending the case. For removal to be proper, a federal district court must possess subject matter jurisdiction over the case. The petition then was circulated to the full court. You file a motion to dismiss, which should be granted, ending the case. An appellate court may consider the entire remand motion as long as the federal officer question is among the issues presented. Any information provided in completing this application may be used as a basis for the institution of, or as evidence in, removal.