Dismissal Motion Dismiss For Suing The Wrong Party

State:
Arizona
Control #:
AZ-CV-6-AI
Format:
Word; 
Rich Text
Instant download

Description

The Dismissal Motion Dismiss for Suing the Wrong Party is a legal form used to request the dismissal of a case that was filed against an incorrect defendant. This form allows users to formally state their reasons for seeking dismissal and ensures the court is informed of the error. Key features include sections for identifying the parties involved, providing a statement of fact for the dismissal, and a space for signatures from the filing party or their attorney. Users need to fill out their name, address, state bar code, and specific details about the case. It's important to review the motion for accuracy and completeness before submission to the court. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may encounter situations where a case needs to be dismissed due to the wrong party being sued. Proper use of this form can help maintain procedural integrity and ensure the efficient administration of justice.
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FAQ

Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isn't properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendant's six-year-old child, that would invalidate the service.

In its origin the rule concerning the real party in interest was permissive in purpose: it was designed to allow an assignee to sue in his own name.

These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.

If you are the wrong defendant identified in a debt collection lawsuit, it is important to take action and file a motion to dismiss with the court. You should also proactively reach out to the plaintiff (typically the debt collection company) and explain the oversight.

(28 U.S.C. §§ 1332, 1441.) Naming an individual defendant who is a resident of California or naming an entity that is either incorporated in California or that has its principal place of business in California will destroy diversity and prevent removal to federal court.

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Dismissal Motion Dismiss For Suing The Wrong Party