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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - nonmovant
Injustice anywhere is a threat to justice everywhere.
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Definition of nonmovant
Definition: A nonmovant is a party involved in a legal case who did not file the motion that is currently being considered by the court.
Example: In a case where the plaintiff files a motion for summary judgment, the nonmovant would be the defendant. The court must consider the arguments and evidence presented by both the plaintiff and the nonmovant before making a decision.
Explanation: The term "nonmovant" is used to distinguish the party who did not initiate the legal action from the party who did. In the example given, the plaintiff is the party who filed the motion for summary judgment, while the defendant is the nonmovant. The court must give equal consideration to both sides before making a decision.
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Simple Definition
A nonmovant is a party involved in a legal case who did not file the motion that is currently being considered by the court. This means that they are not the one who initiated the legal action, but are still involved in the case. For example, if a plaintiff files a motion for summary judgment, the nonmovant would be the defendant. The court must consider the nonmovant's position and resolve any doubts in their favor when making a ruling.
The difference between ordinary and extraordinary is practice.
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