How do you respond to a motion to dismiss?

You file a Response or Reply in Opposition to the motion. The court rules of the state will tell you exactly what it is called; what is needed to support the opposition; and when and how it is to be served on the moving party and filed with the court. You must check them. Generally speaking, you will at least need an affidavit or certification stating facts that give your reasons why the lawsuit should not be dismissed. These facts should be addressed to the facts stated in the affidavit of the moving party to either contradict them or claim that even if true, they do not warrant a dismissal. Sometimes, depending on the reason for the motion, such as not returning interrogatories on time, a court will simply let you return those interogatories prior to the return date of the motion and dismiss the motion. Be sure to look into the court rules on motions and replies to get the procedures right.

First answer by Rlenahan. Last edit by Rlenahan. Contributor trust: 82 [recommend contributor]. Question popularity: 1 [recommend question]