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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.
What else can I help you with?
How to dismiss a case in court?
To dismiss a case in court, a party must file a motion to dismiss with the court. The motion should include legal reasons why the case should be dismissed, such as lack of evidence or legal basis. The judge will then review the motion and make a decision on whether to dismiss the case.
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.
What steps can be taken to initiate a motion to recuse a judge from hearing the matter?
To initiate a motion to recuse a judge from hearing a case, a party must typically file a written motion stating the reasons for the recusal request. This motion should be supported by specific facts or evidence showing bias or conflict of interest on the part of the judge. The decision to recuse the judge ultimately lies with the judge themselves or with a higher court if the judge refuses to recuse.
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.
How do you dismiss chapter 13?
To dismiss a Chapter 13 bankruptcy case, you typically need to file a motion with the bankruptcy court. This motion must outline the reasons for the dismissal, such as failure to make plan payments or non-compliance with court orders. If the court approves the motion, the case will be dismissed, and the debtor will no longer be protected under bankruptcy law. It's important to consult with a bankruptcy attorney to navigate this process effectively.
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.
Is a judge required to rule on whether or not evidence is admissible in a motion for summary judgment?
In a motion for summary judgment, a judge is not required to rule on the admissibility of evidence in the same way they would during a trial. However, the judge must consider only evidence that is admissible under the rules of evidence when deciding the motion. If the evidence presented is not admissible, it cannot be used to support or oppose the motion, and the judge may need to address these issues to ensure a fair ruling. Ultimately, the judge's focus is on whether there are genuine disputes of material fact that warrant a trial.
Can a paralegal draft a motion to dismiss?
Yes, a paralegal can draft a motion to dismiss, but it must be reviewed and signed by a licensed attorney before filing. Paralegals can assist by conducting legal research, organizing case materials, and preparing drafts based on the attorney's guidance. However, they are prohibited from providing legal advice or representing clients in legal matters. Always check local regulations, as rules can vary by jurisdiction.
