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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.

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14y ago

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What does dismiss with leave mean?

Dismiss "with leave" means the case is dismissed, but the plaintiff may re-file to (hopefully) fix whatever was incomplete or otherwise lacking in the original filing. Dismiss with leave is contrasted with dismiss on the merits, which means the case is dismissed and the plaintiff may not re-file. Thus the plaintiff has lost the case.


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.


Can a motion to dismiss be used in small claims court as an answer to the plaintiiffs claim and service?

In small claims court, a motion to dismiss may not be used as an initial response to the plaintiff's claim and service. Instead, parties are typically required to file an answer within a specified time frame. However, depending on the specific circumstances and court rules, a motion to dismiss may be allowed in response to the plaintiff's claim.


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.


How can you ask the judge to dismiss injunction prior to court date?

You can file a motion to dismiss the injunction, explaining your reasons for requesting dismissal. It is important to provide legal grounds and supporting evidence for why the injunction should be dismissed. The judge will then review the motion and may hold a hearing before making a decision.