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Can you file more than one response to a motion to dismiss in a federal case where there's more than one defendant and more than one motion to dismiss?
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Is motion to dismiss captilized?
If it is being used as the title of the motion, it is; to wit: Motion to Dismiss. If it is used in the body of the motion, it is permissible to use lower case letters; to wit: "The Defendant files his motion to dismiss and states..."
What does court deny defendant motion to dismiss declaratory judgment mean?
The case moves on
What is the meaning of moved to dismiss?
When you want a court to do something, you make a motion. If you make a motion to dismiss, you move to dismiss. If I moved to dismiss, I'm asking the court to dismiss whatever case is in front of me.
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..
Can you file a response to a supplemental petition for modification after filing a Motion to Dismiss for failure to state a cause of action?
No, not until the judge renders a decision on the pending motions already before him/her. Of course you could withdraw your motion to dismiss and answer the other sides action. . . that's entirely up to you.
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.
Can you amend a complaint after a 12b motion to dismiss?
So long as a court has not ruled on a pending Motion to Dismiss, you may amend your complaint.
In litigation what's the difference between an answer and a response?
In terms of written pleadings, an Answer is the first document filed by a defendant in a lawsuit. In the answer the defendant answers or responds to each individual allegation made in the Complaint. If the defendant does not answer the complaint, the court might enter judgment against defendant. A Response is a more general category of pleadings meaning just about every type of paper that responds to some paper filed by the other party, whether it is the plaintiff or defendant. Example: The defendant files a motion to dismiss or for summary judgment or for additional discovery. The plaintiff is required to respond to the request and give reasons why the request should be denied or the court will most likely grant the relief requested. Note that the "Answer" is a responsive pleading, therefore it could be called a Response in a way. But Responses that are in answer to requests during trial like the ones above and not called Answers. The term Answer is left to describe the defendant's pleading that gives his or her answers to the allegations of the Complaint
How do you add a defendant to a civil court?
It depends on if you are suing in federal or state court. Each state has its own rules, but all federal courts are governed by the Federal Rules of Civil Procedure. I believe that Rule 19 is the correct motion for you to file for joinder of a second defendant. It is important that you add all important defendants right away or your opponent can file a rule 12 motion to dismiss for failure to join all relevant parties. Here is the text of Rule 19, courtesy of Cornell Law School. Good luck. If you need anything more specific contact a lawyer or a professor that teaches civil procedure.
In civil matters lawsuits when your are the Defendant is it wise to file a motion to strike the plaintiff's complaint and exhibit upon which it is based before an answer is filed?
My opinion is no. A defendant should file an answer and the motion to dismiss at the same time (if there are grounds to have the matter dismissed, of course). In fact this may even be required in most states. An Answer should be filed even if the reason for the dismissal is lack of jurisdiction over the defendant or subject matter. Sometimes, a defendant who files an Answer is held to have waived any claim of lack of personal jurisdiction. By filing the Answer he/she has just submitted to the jurisdiction of the court. But every Answer can provide that the defendant objects to personal jurisdiction as well as to the merits of the claim and retains the right to request dismissal at a later time. This ensures that the filing of the Answer does not waive the right to object to personal jurisdiction. The motion to dismiss may be filed later. personal jurisdictions ?
Can you submit a second motion to dismiss a case the first motion to dismiss only eliminated a few causes of action?
Yes, you can submit as many motions as you wish.
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.
