How have the courts dealt with a motion denying an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Berryhill, 872 F.2d 431 (9th Cir. 1989):
1 Appellant challenged the district court's failure to hold an evidentiary hearing before denying this motion in his reply brief. Because he did not properly raise this contention in his opening brief, we need not examine it. Golden v. Pacific Maritime Ass'n, 786 F.2d 1425, 1429 (9th Cir.1986).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
What is the evidentiary test for denying a motion for motion to compel a judge to conduct an evidentiary hearing? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
What is the test for denying a motion to overturn an order of the Court of Appeal denying the motion? (MultiRegion, United States of America)
What is the test for denying a district court's decision to deny an evidentiary hearing for an abuse of the writ? (MultiRegion, United States of America)
How have the courts dealt with a motion denying a motion to vacate a sentence and remand the case for resentencing? (MultiRegion, United States of America)
How have the courts dealt with a motion for a new trial without an evidentiary hearing? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
