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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.
Is a motion for summary judgment a responsive pleading?
No, a motion to dismiss is not a responsive pleading. Under the federal rules, the determination of "what's a pleading" is covered by Fed. Rule of Civil Procedure 7(a). If it isn't listed in Fed. R. Civ. Pro. 7(a), it is not a "pleading" technically. A motion to dismiss is likely under Fed. Rule 12(b), and while a Motion to Dismiss can sometimes be used prior to an answer, it technically does not enlarge the time in which to answer a suit, it nevertheless extends the deadline to answer. Rule 12 provides that if a Rule 12 motion to dismiss is denied, the responsive pleading reply period is modified to be 10 days after the Court's decision.
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.
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.
How do you file for a motion to dismiss for failure to answer a discovery?
You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..
What is the next step if the Plaintiff fails to respond to Motion to Dismiss within the statutory time limit in Florida?
The plaintiff loses.
File a motion to dismiss plea in Florida traffic court?
Go to the Clerk of the Court's office - get a motion form - fill it out - and file it with the Clerk.
What is the prefix of dismiss?
The prefix of "dismiss" is "dis-".
What is the proper procedure for filing a motion to dismiss when the wrong party has been named in a legal case involving a motion to dismiss?
To file a motion to dismiss when the wrong party has been named in a legal case, the proper procedure typically involves submitting a written motion to the court explaining the error and requesting dismissal. This motion should include relevant legal arguments and supporting evidence to demonstrate why the case should be dismissed due to the incorrect party being named. It is important to follow the specific rules and procedures of the court where the case is being heard.
What preposition goes after dismiss?
The preposition "from" typically follows the verb "dismiss." For example, "She was dismissed from her job."
What is the Igbo word for dismiss?
The Igbo word for "dismiss" of the Western African origin is gbasaa.
Elizabethan use of pronoun and verb?
" We dismiss thee." meaning I dismiss you.
