The sheriff is the primary agency that provides legal document services or delivery. E.g., two West Virginia judges resigned as part of their agreement with the West Virginia Judicial Investigation Commission. See Rule 50, Federal Rules of Civil Procedure, as amended through December 1, 2015. Although the Plaintiff had prevailed on the Motion to Compel leading to Judge Murphy's Order, and Rule 37(a)(4) says that fees shall be awarded to the prevailing party on a Motion to Compel, Judge Murphy had never made findings that the Defendant's opposition was "substantially justified" or that a fee award would be "unjust under the circumstances," which would have excused an award of fees. The trial follows the rules of civil or criminal procedure of the state or federal court where the trial is taking place. Clarification: One thing a judge cannot do is declare a mistrial after a jury has delivered a verdict of innocence: that would violate the clear constitutional prohibition of double jeopardy. It is not unusual for a party to either a criminal or a civil case to want to change judges or to request that a different judge be assigned to their case. What Factors Should You Consider When Choosing an Attorney? There is no one person or organization who has authority over the sheriff in Ohio. The judge has the ultimate say and the last word. How to Change Judges in Criminal and Family Court Can a judge overturn an eviction? This answers the original court/judge. The governor can declare martial law while the sheriff cannot. Raleigh Public Record is a blog magazine that provides tips and tricks for the community. endobj In this blog post, we will explore the issue of the sheriff overruling the governor and provide some clarity on the matter. A judge could certainly find that in the case before him the law unconstitutional by the Eight Amendment (on the "excessive" not the "unusual"). He said that the words used by Judge Murphy in his Order -- that the depositions be limited to "matters not addressed by prior depositions of the same witnesses" -- were meant to avoid "unnecessarily duplicative examinations" of those witnesses and to prevent Taidoc from posing the same questions in the hope of obtaining different answers.
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