![]() The Motion to Dismiss becomes a Motion to Delay to allow their client to stay in possession of property long after they have stopped paying. ![]() One use is dealing with eviction or ejectment. Some attorneys use the Motion to Dismiss to gain more time for their client. If the Motion to Dismiss itself lacks merit, it shows a lack of professionalism. That is a technical maneuver to get the entire complaint dismissed. Some attorneys always file a Motion to Dismiss. A Motion to Dismiss should be used if the Complaint lacks merit or it is poorly written. ![]() The Defendant “Files” a Motion to Dismiss with the Court and then “Serves” the motion on the Plaintiff. The other option for a Defendant is to file a Motion to Dismiss. That is an entire topic for another blog. For each paragraph in the Complaint, the appropriate response would be “Admit”, “Deny”, or “Without knowledge to admit or deny.” That is all that is required for each numbered statement in the Complaint.Īfter responding, the numbering continues and will now include the Defendant’s side of the story as Affirmative Defenses and Counterclaims. The proper way to Answer the Complaint is to number the paragraphs in the Answer exactly like the Complaint. That is not an appropriate Answer and can get the pro se litigant in trouble later in the case. Most pro se litigants (pro se meaning they did not hire an attorney), will create a rambling monologue of why the Complaint is not true and how this entire procedure is a case of misjustice. The Defendant can file an Answer with the Court and serve it on the Plaintiff. The Defendant will have 20 days to respond. The Plaintiff must be able to prove a set of facts in court (and probably to a jury) that they are entitled to the relief they requested in the Complaint. You need to state how the motion was served and sign attesting to the service.Once a legal action has been filed and a Complaint has been served on the other party, what is the other party (the Defendant) to do? The Plaintiff has made allegations against the Defendant and requested the Court to do something. Sample language might be, “WHEREFORE, Defendant respectfully requests that the Court grant this motion and dismiss the complaint with prejudice.” At the end of the motion you should again request dismissal. In support of the motion, Defendant states…” Then you list the facts that support your motion. For example, you would write, “COMES NOW Defendant Aisa Rosen, representing himself pro se, who asks this court to dismiss the action with prejudice. In the body you request dismissal and provide the factual grounds for the relief. You should title the motion “Motion to Dismiss the Complaint.” Look at an earlier motion or pleading in your case to find this information. The header identifies the court, the parties, and the case number. At a minimum, a motion to dismiss should have: X Research source Try to find samples specific to your state, as the form and substance of motions can differ somewhat from state to state. Type “Motion to Dismiss” and then your state. You should look for samples on the Internet. If your court does not have a fillable form, then you will need to draft the motion yourself.
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