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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.
What else can I help you with?
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 cancel divorce proceedings?
If you filed the complaint or petition, you may dismiss it. If the other party filed the complaint, or if they filed a counterclaim, they would need to dismiss it.
Can a motion to dismiss be filed when the wrong defendant is named in the lawsuit?
Yes, a motion to dismiss can be filed if the wrong defendant is named in a lawsuit.
Can you file a motion for leave to amend a complaint to add a defendant to one case if you have already filed a cross complaint against him for the same causes of action in a separate case?
I guess it depends on the state and type of motion presented.
How do you dismiss a case filed in small claims court transferred to circuit court?
To dismiss a case filed in small claims court that has been transferred to circuit court, you would need to file a motion to dismiss with the circuit court judge. The motion should explain the reason for the dismissal, such as a settlement between the parties or lack of jurisdiction. The judge will then review the motion and decide whether to grant the dismissal.
What is a motion to dismiss?
A motion is a request to the court to do (or not do) something.Dismiss means to throw out.With prejudice means it can not be brought again.If dismissed without prejudice, it can be brought again at a later time.So, a motion to dismiss with prejudice is a request to the court to throw out the issue and never let it be brought again.
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 if the plaintiff lies in the complaint they filed?
If the plaintiff lies in the complaint they filed, it can have serious consequences for their case. The court may dismiss the case, and the plaintiff could face legal penalties for making false statements. It is important for all parties in a legal proceeding to be truthful and honest in their filings.
What does motion to amend mean?
You are asking the court to amend your response to the original complaint brought against you.
What states do not allow demurrer in civil actions?
A demurrer is a written response to a complaint filed in a lawsuit which asks for dismissal of the charge on the grounds that even if the facts alleged in the complaint were true, there is no legal basis for the lawsuit. Some states have substituted a motion to dismiss for failure to state a cause of action, instead of a demurrer.Demurrers, or their equivelant, are an established matter of law in all US states.
How is a complaint for damages instituted in court of law?
The complaint is the original document filed to create a lawsuit. Once the complaint is filed, it is served on the defendant, and the lawsuit has begun.
My lawyer filed a motion asking for time served which the judge had already granted can he deny the new motion?
If I understand the question - - your lawyer filed a motion asking for something that the judge had already granted?Other than the fact that it sounds like a superfluous motion, it seems unlikely that the judge would reverse himself and take it away.
