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Certain legal issues present both a question of law and a question of fact. If a defendant has a legal status from a prior case that may cause an appearance before a judge currently in the criminal rotation the new case shall be assigned to that judge. Discrimination: Declaratory Judgments: Injunction: Proof. If both conflicting declarations are filed, the court will be unable to grant the motion for summary judgment because there is a factual dispute which only the trier of fact can resolve after hearing testimony. And make sure your notice identifies all appellants. Reviewed for a clear and manifest abuse of discretion. Thank you to my colleagues at The University of Memphis Law Review for your patience and guidance throughout the editing process. To complaints and may be made in making a motion de novo on appeal?