Arkansas Response to Motion to Dismiss and Memorandum of Authorities in Support

WHAT IS A DISMISSED CASE? A dismissed criminal case is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded.

Typically, the losing party may appeal after the court has delivered its final judgment. In addition to appealing the final decision, the appellant can also appeal earlier rulings that were not definitive when they were issued.

Generally, however, a defendant must file a motion to dismiss before filing an "answer" to the complaint. If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time.The motion to dismiss must be filed with the court and served on the other party.

Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.

If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.

A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant's favor most often denying the plaintiff the opportunity to go to trial.

N. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case.

When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff's case.The parties (well, their lawyers) will come to court, explain their positions on the motion to dismiss, and answer any questions posed by the judge. Finally, the judge will decide to grant or deny the motion.

You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.