What is a motion to dismiss?
What supporting documents might the defendant's
attorney file with the motion to dismiss?
A motion to dismiss is a request to the court to dismiss the case for reasons
provided in the motion. Reasons for a motion to dismiss include: the plaintiff failed to state a claim for which relief could be granted, the defendant was improperly served, the court did not have jurisdiction over the case, or the statute of limitations had expired.
The defendant's attorney may want to attach one or more supporting affidavitsâ€" sworn statements as to certain facts that may contradict the allegations made in the complaint. The defendant's attorney may also submit a memorandum of law (which is called a brief in some states), which will present the legal basis for the motion, citing any statutes and cases that support it. A supporting affidavit gives factual
support to the motion to dismiss, while the memorandum of law provides the legal grounds for the dismissal of the claim.
You might also like to view...
List five rights that were secured by the signing of the Magna Carta.
What will be an ideal response?
____________ has become the standard for making electronic presentations to all types of audiences, from grade-schoolers to courtroom juries
Fill in the blank(s) with correct word
When parties are not working collaboratively to resolve problems on their own, the supervisor will likely need to intervene at some level to prevent the situation from escalating to true conflict. What situation?
What will be an ideal response?
In some cases, Seller may cancel the contract that permits Seller to end performance under the contract while retaining "any remedy for breach of the whole contract or any unperformed balance."
Answer the following statement true (T) or false (F)