A motion to dismiss asks or “moves” a judge to end a case because of deficient claims, improper service of summons, or for some other procedural error. A motion to dismiss will result in (1) a denial of the motion, (2) a dismissal “without prejudice”, allowing the plaintiff to amend the complaint, or (3) a dismissal “with prejudice”, which ends the case. “I didn’t do it” does not satisfy the requirements of a motion to dismiss for the defendant, and a simple “I did it right” might not suffice to keep a complaint afloat. Learn what to look for and address what matters in a motion to dismiss.
Litigation is fluid, and you can file many documents at any stage. However, this list will make you aware of available litigation documents and when they are most commonly filed.
Understanding the litigation process will help you formulate the basic strategies you need to put up an effective fight. These simple strategies are designed to give you an idea of things to look out for at each stage of litigation.
It’s a mistake to answer a complaint too early. Are you making unnecessary admissions in the answer? Have you found all available affirmative defenses? Wouldn’t it be better to get the claim dismissed? Give yourself time to prepare before answering a complaint. A court order tells you it’s time.
You’ve just been served with a lawsuit, and the law requires you to answer a complaint within a certain number of days or risk default. Or does it? Read the summons a little closer and you’ll find the language more precise. The law only requires you to respond to the complaint within three weeks (more or […]