The phrase 'procedural defense' is correct and usable in written English.
You can use it when referring to a course of action intended to prevent or mitigate a legal issue, such as a motion to dismiss, or a motion for summary judgment. For example: The defendant’s procedural defense was unsuccessful, leading to the lawsuit proceeding.
He lacks the shame that has kept Dunbar and others like her from relying on the procedural defense.
That argument surprised me: I had expected a bland procedural defense — this was a blunt expression of fear.
When Underwood and Dunbar meet, she tells him that she thinks "the state-secrets defense" — she also calls it "our procedural defense" — is strong.
An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction).
The trial judge must now decide whether or not to accept Rodenstock's various procedural defenses.
But the MTE case raises a new and interesting procedural angle for the defense.
Meanwhile, Guatemala's highest court has postponed rulings on a dozen procedural challenges from the defense that some experts say could ultimately annul the trial.
The opening session of the hearing was dominated by procedural matters and a defense motion to postpone the hearing for nearly a month.
A6 Pinochet Prosecution Is Fading The legal battle of Augusto Pinochet, the former leader of Chile who faces charges that he covered up the murders of dissidents in 1973, is drawing to a slow procedural death as the defense argues that he has memory problems caused by strokes, according to legal experts and human rights specialists.
But those volumes of interviews could in turn be a major wrinkle on the state side of the case because of what legal experts say are Arizona's unusual procedural rules that allow defense attorneys to interview, before trial, every witness, except victims, that might be called to testify by the prosecution, including F.B.I. agents.
He said that courts ignore errors by defense lawyers, dismiss procedural errors as "harmless," cast aside exculpatory evidence discovered after trial, and seize on "every possible procedural obstacle to refuse to hear the claims of people who present convincing evidence that their convictions were factually erroneous, and that they are actually innocent".
