What is a motion to dismiss? What supporting documents might the defendant's attorney file with the motion to dismiss??
What will be an ideal response?
.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 following: 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 affidavits-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, whereas the memorandum of law provides the legal grounds for the dismissal of the claim.?
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