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A group of courts that work together to give a region a justice system is called circuit court. All cases and appeals that are assigned to these courts are heard and tried at these courts. The working of every court system may differ depending on the region that the court covers. Answered below are some important questions about circuit courts and their rules: Is it possible to file a motion to dismiss a district court case if it is pending in a circuit court?
If the case is being filed in both the district and circuit court, then the person may be able to file a motion to dismiss the case stating that it is being filed in both the courts. The person can also file a motion to stay the pending outcome of the circuit court only. He/she will have to inform the judge that the case is already pending in another court. Does the circuit court have the right to force a couple to divorce on request from the DSS?
Though the Department of Social Security may have the right to keep one parent away from the child, they may not have the right to force a couple to file for a divorce. Since marriage is considered to be a fundamental right under the US constitution, the local court may not be able to force a couple to file for divorce. The court will violate the couple’s civil rights if it forces them to file for a divorce. Can a lien from a title be removed without filing a motion in circuit court if the lender is no longer in business?
There may only be one way to clear a lien and title unless the person can look for the lender and get him/her to remove the lien. However, if the person cannot find the lender, he/she will have to go through the circuit court to remove the lien. If the person sells the property without clearing the title, the buyer of the property can sue the person for breach of the warranty of merchantability because he/she did not give a clear title. Is the signature of both the plaintiff and attorney required when an order is submitted to the judge for his/her signature in a family law case in a circuit court?
Though the signatures of both the attorneys may not be required before the order is sent to the judge for his/her signature, they may be required to review the order. In most cases, the order may be prepared by one of the attorneys who will then send it to the other. It will be sent to the judge after the approval of the second attorney. The person may file for reconsideration if he/she thinks that there is a mistake in the order. Can a person be stopped from adding a judgment in their bankruptcy?
A person cannot be stopped from adding an unpaid debt to his/her bankruptcy. Since the bankruptcy law is a federal law, it is applicable to all the states. However, the person may be able to file a complaint to object the disability of the debt. Such an act is called an adversary proceeding. It is similar to a normal trial but will be held in a bankruptcy forum. However, there is no guarantee that the judgment will be in favor of the person. It can be frustrating to deal with matters that involve a circuit court. You need to know about all the rules and regulations of the court and also should be able to understand all the legal terminologies that are mentioned in the court. You may ask a lawyer if you have any doubts or need clarifications about circuit court rules.
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