Massachusetts Defendant's Motion to Quash Service and to Dismiss Action for Lack of Jurisdiction
Definition of the Motion
The Massachusetts Defendant's Motion to Quash Service and to Dismiss Action for Lack of Jurisdiction is a formal request made by a defendant in a legal action. This motion is filed to challenge the court's authority over the defendant, arguing that the court does not have personal jurisdiction to hear the case.
Who Should Use This Form
This form is appropriate for defendants who believe that they do not have sufficient contacts with the state of Massachusetts, making it inappropriate for the court to exercise jurisdiction over them. Individuals or entities based outside of Massachusetts who have been served with a summons may find this form necessary to protect their legal rights.
How to Complete the Form
Completing this motion form requires the following steps:
- Provide the name of the plaintiff and defendant.
- Enter the case number as assigned by the court.
- Clearly state the reasons for the motion, including any relevant agreements that indicate jurisdiction is not in Massachusetts.
- Attach supporting documents, such as agreements referenced in the motion.
- Sign and date the motion, including the attorney's information if represented.
Key Components of the Motion
The motion should include several key elements to be valid:
- Title: Clearly state the motion title on the top of the form.
- Jurisdictional Argument: Provide a detailed explanation of why the court lacks jurisdiction.
- Affidavit: Include an affidavit from the defendant or a representative to support the motion.
- Signature: Ensure that the motion is signed by the defendant or their attorney.
Common Mistakes to Avoid
When filing this motion, be cautious of these common errors:
- Failure to provide adequate grounds for the dismissal.
- Neglecting to attach necessary supporting documents.
- Omitting the case number or ensuring that all names are correctly spelled.
- Not following local court rules regarding formatting and submission.
What to Expect During Court Proceedings
After filing the motion, a hearing may be scheduled where the defendant must present arguments for why the court should grant the motion. The plaintiff may also have the opportunity to respond. It is essential to prepare for questions from the judge and to clearly articulate the jurisdictional issues at hand.
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FAQ
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. It is your opportunity to oppose the other side's request.
You've written a motion and submitted it to the court. The court has set it for oral argument - now what? Read the rules. Know the judge. Review your written motion. Shepardize your cases again. Review opposing counsel's written motion. Note cases that are directly opposed to your argument. Prepare your argument.
If a defendant refuses to produce documents or witnesses for depositions, you can oppose the summary-judgment motion by submitting your declaration and showing that facts essential to justify your opposition may exist but cannot for reasons stated be presented to the court.
Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ). File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)
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.
231, § 16. Rule 12(c) is designed to cover the rare case where the answer admits all the material allegations of the complaint (or the reply admits all the allegations of the counterclaim) so that no material issue of fact remains for adjudication.
An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what's left of the case and determines that there is not enough evidence to warrant another trial.
Effect of a Rule 12 Motion - Absent a court order setting a different time, a Rule 12 motion extends the time to file a responsive pleading until 14 days after the court's denial of the motion or deferral to trial or, if more definite statement ordered, 14 days after service of the more definite statement. FED.
You do not have to file a response. However, you would be wise to do so as a motion to dsmiss , if granted, could end your suit. Motions to dimiss for failure to state a claim are rarely granted.