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Halls of Shrewd'm / US Policy
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Author: ptheland   😊 😞
Number: of 48466 
Subject: Re: delay thresholds - are there any?
Date: 08/14/2024 5:46 PM
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There's some info on that topic in this video.

https://www.youtube.com/watch?v=SjRXSEmkSMw

I'll defer to lawyers, but my understanding is that yes, there is a point where repeated requests can be ignored or summarily denied. However, it's rarely used. (My guess is that is because it is rarely pushed that far in the first place.)

In this particular case, the repetitive motion was also filed after the deadline for such motions. The judge could have dismissed it on procedural grounds, but chose to address the substance of the motion instead. My guess is that puts it on stronger footing in an appeal. Had he dismissed on procedural grounds, that decision could have been appealed. If upheld, it would be sent back for adjudication on its merits, where it would be denied and appealed again. By making a decision on the merits, there is only one possible appeal instead of two.

--Peter
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