A motion to dismiss attacks the elements of a claim. If successful, it can end your case.
But to win dismissal – or to defeat a motion to dismiss – you must know the elements of the claim. The difference between a winning pro se litigant and someone victimized by the court is case law.
Do your legal research. Know the law. The best case law, statutes and procedures win.
Get the free easy resource guide on finding persuasive law at every stage.
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It’s a step by step guide for finding case law and statutes to support your case.
But to win, you’ll need more than the law. If you’re preparing for a dismissal hearing, here are the questions you need to ask:
Which facts are important in a motion to dismiss? Is the complaint up to snuff? the summons? the service? When should you file it, or oppose it? Is it ever too late? What are the standards for dismissing a case? Can the case be dismissed with prejudice?
So we’re also sending our free 5-day course on How To Slay In Court Without a Lawyer to help you avoid the most common errors when representing yourself.
Good luck in your case!