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A summary judgment motion in New York is a legal request to the court to rule in favor of one party without a full trial. This motion asserts that no significant facts are in dispute, allowing the court to decide based solely on the law. In the context of domestic relations, the Queens New York Motion to Make Specific Findings of Fact and State Conclusions of Law can streamline cases and clarify issues needing resolution.
In California, the deadline to respond to a divorce petition is thirty days from its receipt. After thirty days, the petitioner may proceed with the divorce without any intervention from the respondent.
A default divorce is a form of uncontested divorce. A court will grant a divorce by default if summons have been served on the spouse and he or she does not respond within the allotted time period, the plaintiff can approach the court to have the matter set down for trial.
February 12, 2020. (n) Findings Of Fact is the decision, opinion or observation arrived by a judge or jury on the issues related to the fact that are submitted for a decision of the court. The finding of facts ultimately influence the judgment.
A default divorce is one in which the courts pass judgment on the divorce after the respondent fails to respond. In other words, if a spouse ignores notices regarding a desired divorce, that spouse could find him/herself divorced anyway.
A court order is legally binding. Failure to comply with the court order amounts to contempt of court and a person can, as a last resort, be committed to prison for contempt. A parent cannot be held in contempt though simply for failing to take up the contact given.
A decision upon a Question of Fact reached as the result of a judicial examination or investigation by a court, jury, referee, Coroner, etc. A recital of the facts as found. The word commonly applies to the result reached by a judge or jury.
After many bench trials or the hearing of motions, the judge often will issue findings of fact and conclusions of law, especially if requested to do so by a party. These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts.
Verdict - The decision of a petit jury or a judge.
January 31, 2017 by Patrick Barone. The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide.