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You file a Response or Reply in Opposition to the motion. The court rules of the state will tell you exactly what it is called; what is needed to support the opposition; and when and how it is to be served on the moving party and filed with the court. You must check them. Generally speaking, you will at least need an affidavit or certification stating facts that give your reasons why the lawsuit should not be dismissed. These facts should be addressed to the facts stated in the affidavit of the moving party to either contradict them or claim that even if true, they do not warrant a dismissal. Sometimes, depending on the reason for the motion, such as not returning interrogatories on time, a court will simply let you return those interogatories prior to the return date of the motion and dismiss the motion. Be sure to look into the court rules on motions and replies to get the procedures right.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoThere is no time limit set in law. It may take as long as it takes for the judge to research all the legal references and laws which bear upon the matter.
Also - you must remember that YOUR case is not the only one the judge has on his docket and he will usually address them in the order they come to him.
Wiki User
∙ 13y agoThe motion to dismiss is filed 14 days before the return date. The response must be filed 7 days before the return date unless the court alters this time period.
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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.
Do you owe your attorny any fees if you dismiss your case?
YOU cannot dismiss your own case. A dismissal can only be granted by a judge. You must pay your attorney for any work that he does on your case.
Is it proper to request an evidentiary hearing in a civil matter when you have not received the requested discovery from Plaintiff but the judge will not dismiss the case based on this fact?
This question touches on several issues. (1) you can file a motion requesting an evidentiary hearing if you like - it will either be granted or denied. (2) If you have filed for discovery then the plaintiff MUST comply with the order - the question then becomes, how much time is enough time to produce it? (3) The judge may not be inclined to do a full dismissal of the case, pending the delivery of the discovery material. How do you KNOW the judge won't dismiss the case? Have you filed a motion for dismissal and been denied? If so, the denial should have stated on what grounds the request was denied.
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.
Can a motion for temporary orders for a parenting plan replace the response to divorce papers?
No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.
What is a Motion to set aside?
It is a legal procedure whereby the judge is asked via the filing of a legal brief (called a "Motion") to "set aside" a ruling of his own, or another (usually lower) court. It must set forth the full legal reasoning for such a request. The judge will consider the Motion and then issue a ruling on the request.
What is a motion to reargue?
A request to the court by the defense (or plaintiff) for a second chance to argue their case before the judge or a jury. It must be submitted BEFORE the judge (or jury) has rendered their verdict in the case.
How do you change a Venue to a different county?
Your attorney must file a motion with good reason to support moving the case. The judge will give each attorney their chance to argue for and against the motion.
You lost motion to set aside default and next day have found case says the judge must grant as judgment was void can you ask judge to reconsider and introduce this new case?
Submit a 'motion to re-consider' citing the new-found information as precedent.
Was sued in forecloser court but was never served a summons and did not know about the case what can I do Indiana?
If you were never served, you would need to file a motion to dismiss the civil case. In order to be lawfully sued, you must be served.
How long must you have to be to be a judge?
In order to be a judge in the United States you must have been a US citizen for at least 5 years prior to running. This is a requirement that is established by the US Constitution.
Are there fees involved when you dismiss your bankruptcy?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
