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How do you file an answer to a motion to dismiss with prejudice in small claims court?
Wiki User
∙ 12y ago
To be sure, you would need to consult the rules for the court where the case is pending. However, generally, small claims courts do not require formal pleadings beyond the original simple complaint and possibly an answer. So, it is entirely possibly that you could just appear in court at the time the case is scheduled to be heard and verbally respond in front of the judge.
Wiki User
∙ 12y ago
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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.
What happens after an fwop notice is filed in court?
FWOP = For Want (i.e.: lack) of Prosecution. The way the question is worded it sounds as if the defense is filing a motion to dismiss the case - "for want of prosecution." If the judge agrees, it depends entirely on whether they dismiss the case WITH prejudice or WITHOUT prejudice. If it is WITHOUT prejudice the case COULD be opened again by the prosecution. If it is WITH prejudice the case is over and finished and can never be brought again (for THIS particular offense).
What are the reasons a lawyer can use a motion to dismiss during a hearing?
A lawyer can use a motion to dismiss during a hearing for a number of reasons. One of the reasons a lawyer can use a motion to dismiss during the hearing is if the plaintiff (the person who brings the suit to court) fails to present a valid and legal claim for the case.
How can you ask the judge to dismiss injunction prior to court date?
You could file a motion.
If both parties agree to dismiss there cases in small claims court will the judgment still show up on your credit report?
No. A judgment of dismissal would be entered.
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.
When can the plantiff dismiss a case without prejudice?
The plaintiff cannot - that is a judge's prerogative. The plaintiff can REQUEST that a judge consider ruling that way, but it is up to the judge as to whether he will grant it or not.
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.
Can you request to dismiss a petition without prejudice in a family law matter?
"Dismissal without prejudice" is usually a judgment heard in criminal court, and means that a case is dismissed but CAN be reinstituted at a later time. If by "petition" you are referring to a "motion" before the court, it depends on whose motion it is. If it is your motion, simply ask to withdraw it. If it is the other party's motion, you can offer your testimony as to why it shouldn't be granted, but that is all you can do and the judge will decide how to rule.
What happens after an fwop notice is filed in court?
FWOP = For Want (i.e.: lack) of Prosecution. The way the question is worded it sounds as if the defense is filing a motion to dismiss the case - "for want of prosecution." If the judge agrees, it depends entirely on whether they dismiss the case WITH prejudice or WITHOUT prejudice. If it is WITHOUT prejudice the case COULD be opened again by the prosecution. If it is WITH prejudice the case is over and finished and can never be brought again (for THIS particular offense).
Can an atty file child support garnisment even after court rejected such garnishment?
If the court denied the motion for garnishment 'with prejudice,' it cannot be refiled. If the court denied the motion for garnishment 'without prejudice,' it can be refiled.
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.
Can the DA add a dismissed case to another case as a count?
It depends on whether it was dismissed with prejudice or without prejudice. If with prejudice, it can never be reinstated. If without prejudice, it can reinstated at any time. Usually a court will dismiss without prejudice.
What are the reasons a lawyer can use a motion to dismiss during a hearing?
A lawyer can use a motion to dismiss during a hearing for a number of reasons. One of the reasons a lawyer can use a motion to dismiss during the hearing is if the plaintiff (the person who brings the suit to court) fails to present a valid and legal claim for the case.
How can you ask the judge to dismiss injunction prior to court date?
You could file a motion.
What does court deny defendant motion to dismiss declaratory judgment mean?
The case moves on
How do you fight a motion to dismiss in civil court?
Have your attorney argue the facts that show there are no grounds for dismissal.
