Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Generally, however, a defendant must file a motion to dismiss before filing an "answer" to the complaint. A dismissal may be made on the judge’s own choosing, or as a result of a motion to dismiss filed by the defendant. Although you don't deny that you were involved in the accident, you don't believe that the claims in the lawsuit are valid. The clerk of courts will be able to tell you if this is necessary. Amelia files a civil lawsuit against a previous tenant of her rental property for unpaid rent in the amount of $2,000, and damages to the property in the amount of $500. A motion to dismiss can be filed by either party in a case at any time during the proceedings, but it's usually filed by a defendant at the beginning of a lawsuit. The judge also may have questions for both you and the plaintiff. This sort of motion to dismiss is also called a motion for summary judgment, and is a bit more complex than the other, more procedural motions. Before you finalize your motion, check the court's rules to make sure everything is formatted correctly. Stay up-to-date with how the law affects your life, Name Generally, you list the facts first, followed by your legal reasons, in numbered paragraphs. Filing fees for a motion usually will be less than $100. Such dismissals commonly occur when there has been a procedural error, or if a plaintiff representing himself simply fails to bring with him the right evidence or witnesses. Venue, like personal jurisdiction, is an objection that you waive if you don't mention it in the first document you file with the court. However, if the person driving the other car lives in Birmingham, she cannot sue you in Jefferson County, Alabama, no matter how convenient it is for her. The dismissal of a lawsuit with prejudice has nothing to do with prejudice against a person, or any protected class of people. Which you choose may depend to a large extent on why you're asking the court to dismiss the case.
Typically the clerk's office will send you a copy of the judge's final order. Wait until he's finished asking the question and then answer it as clearly and concisely as you can.
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