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by SkittyDog 1426 days ago
Their proof (or lack thereof) would generally be evaluated at the trial stage. This is a pre-trial procedure, so it's mostly take at face value.

If another party so moves, they could ask the court to stop the plaintiff, and the judge will make a decision. But that's not automatic--somebody has to specifically ask for it.

1 comments

You're right, but this is still a very funny sentence that only a lawyer could take seriously. "Zuru didn't just allege it, they DECLARED it!"
I get why it sounds funny to us, but it's mainly a highly jargon-y form of language used for motions in court. When you're writing this stuff, you're expected to phrase yourself in the appropriate fashion.

There are also certain specific legal terms and phrases that work kind of like reserved words or functions in a programming langauge, because they invoke a specific legal effect in how the court needs to handle them. If you don't phrase your motion properly, your motion could be denied because it. Or maybe the judge let's it slide, but you piss them off and wear down their patience.

Anyway... For us, it sounds funny because we're ignorant of it. Just like how programming languages may sound funny to non-programmers: "If X then Y else Z" is similar enough to English, but it'll make the kids giggle if you ask them to read it aloud.

Sounds very SovCit
I think your inference may be backwards... Sovereign Citizen types sound like this because they're aping "legalese" in an attempt to sound authoritative to ignorant people.

But this weird, kinda archaic, jargony, overly-specific English is just how regular motions are written, by real lawyers in regular courts.

(And yes, it does sound funny, if you're not used to reading/writing it.)