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A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment.
How do I answer the complaint?Read the summons and make sure you know the date you must answer by.Read the complaint carefully.Write your answer.Sign and date the answer.Make copies for the plaintiff and yourself.Mail a copy to the plaintiff.File your answer with the court by the date on the summons.
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."
Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion.
A motion is a written request to the court for an order. Motions may be made after the summons and complaint are filed with the court. The party making the motion is called the Moving Party. The party answering the motion is called the Opposing Party.