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A complaint is not an answer or a motion; it is a formal legal document filed by a plaintiff to initiate a lawsuit. It outlines the plaintiff's claims against the defendant and specifies the relief sought. An answer, on the other hand, is the defendant's response to the complaint, while a motion is a request to the court for a specific ruling or order.
What else can I help you with?
Does an amended complaint render a motion to dismiss moot?
Yes, an amended complaint can render a motion to dismiss moot because the amended complaint may address the issues raised in the motion to dismiss, making it unnecessary for the court to rule on the motion.
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 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.
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.
What does motion for leave to amend felony complaint . Who files this the accused or the DA. Does this mean motion to drop the charges?
A motion for leave to amend a felony complaint is filed by the prosecutor (DA) to request permission to make changes or additions to the original charges. It does not necessarily mean a motion to drop the charges, but rather a request to modify the existing charges based on new evidence or circumstances.
How do you answer complaint and get it dismissed?
You file an answer and file a motion to dismiss, citing a legal reason why the case should be dismissed. Then you ask the court for a hearing so that you can argue your motion.
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 a Motion to Dismiss be used as an answer to a Complaint for Eviction in Florida?
Yes, this is a common answer that is served in these complaints. This would be an acceptable answer for eviction.
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.
When filing a motion to dismiss can you assert an affirmative defense?
The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.
Is a rule 12 b 6 motion made before answering?
Is a Rule 12 (b)(6) motion to dismiss made before answer? or is it mandatory to be made before answering a complaint?
What does it mean to amend a court order?
Essentially, it means "changed" or "restated". A good example may be when a Plaintiff's original complaint is dismissed after the Defendant files a motion asking the court to do so, argument on the motion occurs, and the court grants the motion. Generally, the Plaintiff is given permission to "amend" the complaint, such that the next version of it is called the "Amended Complaint".
