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Is a motion to dismiss a responsive pleading under the Florida rules of civil procedure?
Wiki User
∙ 12y ago
no
Wiki User
∙ 12y ago
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What is a responsive pleading?
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
Is a motion for summary judgment a responsive pleading?
No, a motion to dismiss is not a responsive pleading. Under the federal rules, the determination of "what's a pleading" is covered by Fed. Rule of Civil Procedure 7(a). If it isn't listed in Fed. R. Civ. Pro. 7(a), it is not a "pleading" technically. A motion to dismiss is likely under Fed. Rule 12(b), and while a Motion to Dismiss can sometimes be used prior to an answer, it technically does not enlarge the time in which to answer a suit, it nevertheless extends the deadline to answer. Rule 12 provides that if a Rule 12 motion to dismiss is denied, the responsive pleading reply period is modified to be 10 days after the Court's decision.
When filing a motion to dismiss can you assert an affirmative defense?
The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.
Can a Motion to Dismiss be used as an answer to a Complaint for Eviction in Florida?
Yes, this is a common answer that is served in these complaints. This would be an acceptable answer for eviction.
How do you file for a motion to dismiss for failure to answer a discovery?
You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..
What is the next step if the Plaintiff fails to respond to Motion to Dismiss within the statutory time limit in Florida?
The plaintiff loses.
File a motion to dismiss plea in Florida traffic court?
Go to the Clerk of the Court's office - get a motion form - fill it out - and file it with the Clerk.
What is the prefix of dismiss?
The prefix of "dismiss" is "dis-".
What preposition goes after dismiss?
The preposition "from" typically follows the verb "dismiss." For example, "She was dismissed from her job."
What is the Igbo word for dismiss?
The Igbo word for "dismiss" of the Western African origin is gbasaa.
Can you file a motion to dismiss if you have already filed an answer to the complaint?
You CAN, if you wish to try. I doubt that it would be granted. FURTHER: You are asking for a legal opinion based on absolutely NO information whatsoever. Actually, you do not need any more information. Under most civil rules, a motion to dismiss must be filed before an answer, or with the answer. Motions to Dismiss are often granted if warranted. A motion to dismiss is Rule 12 of the Rules of Civil Procedure. Check it out for your state. It is the same for federal rules, as well.
Elizabethan use of pronoun and verb?
" We dismiss thee." meaning I dismiss you.
