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Can you file a motion to dismiss if you have already filed an answer to the complaint?
Wiki User
∙ 15y ago
You CAN, if you wish to try. I doubt that it would be granted. FURTHER: You are asking for a legal opinion based on absolutely NO information whatsoever.
Actually, you do not need any more information. Under most civil rules, a motion to dismiss must be filed before an answer, or with the answer. Motions to Dismiss are often granted if warranted. A motion to dismiss is Rule 12 of the Rules of Civil Procedure. Check it out for your state. It is the same for federal rules, as well.
Wiki User
∙ 11y ago
Wiki User
∙ 13y agoYou can attempt it, but you would have to have a good legal reason why you are asking the court to take this action.
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What is a responsive pleading?
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
Can you cancel divorce proceedings?
If you filed the complaint or petition, you may dismiss it. If the other party filed the complaint, or if they filed a counterclaim, they would need to dismiss it.
Can you file a motion for leave to amend a complaint to add a defendant to one case if you have already filed a cross complaint against him for the same causes of action in a separate case?
I guess it depends on the state and type of motion presented.
What is a motion to dismiss?
A motion is a request to the court to do (or not do) something.Dismiss means to throw out.With prejudice means it can not be brought again.If dismissed without prejudice, it can be brought again at a later time.So, a motion to dismiss with prejudice is a request to the court to throw out the issue and never let it be brought again.
Can a motion for temporary orders for a parenting plan replace the response to divorce papers?
No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.
What does motion to amend mean?
You are asking the court to amend your response to the original complaint brought against you.
What states do not allow demurrer in civil actions?
A demurrer is a written response to a complaint filed in a lawsuit which asks for dismissal of the charge on the grounds that even if the facts alleged in the complaint were true, there is no legal basis for the lawsuit. Some states have substituted a motion to dismiss for failure to state a cause of action, instead of a demurrer.Demurrers, or their equivelant, are an established matter of law in all US states.
How is a complaint for damages instituted in court of law?
The complaint is the original document filed to create a lawsuit. Once the complaint is filed, it is served on the defendant, and the lawsuit has begun.
My lawyer filed a motion asking for time served which the judge had already granted can he deny the new motion?
If I understand the question - - your lawyer filed a motion asking for something that the judge had already granted?Other than the fact that it sounds like a superfluous motion, it seems unlikely that the judge would reverse himself and take it away.
What does it me when my wifes lawyer filed a motion to dismissed the divorce?
This just means that the petitioner, I am assuming is the Plaintiff, she has asked to dismiss the divorce case. Your attorney would be able to explain to you whether she wants to dismiss the entire case and try to make the marriage work, or she just wants to dismiss one of her terms. Consult with an attorney.
In civil matters lawsuits when your are the Defendant is it wise to file a motion to strike the plaintiff's complaint and exhibit upon which it is based before an answer is filed?
My opinion is no. A defendant should file an answer and the motion to dismiss at the same time (if there are grounds to have the matter dismissed, of course). In fact this may even be required in most states. An Answer should be filed even if the reason for the dismissal is lack of jurisdiction over the defendant or subject matter. Sometimes, a defendant who files an Answer is held to have waived any claim of lack of personal jurisdiction. By filing the Answer he/she has just submitted to the jurisdiction of the court. But every Answer can provide that the defendant objects to personal jurisdiction as well as to the merits of the claim and retains the right to request dismissal at a later time. This ensures that the filing of the Answer does not waive the right to object to personal jurisdiction. The motion to dismiss may be filed later. personal jurisdictions ?
What does motion to amend?
It is a legal request to change something (usually phraseology) contained in a document already filed with the court.
