Dismissal Motion Dismiss For Naming Wrong Party

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

Description

Motion for Dismissal: This is a motion which asks the court to dismiss a particular cause of action. The document must include the reasoning behind wanting the dismissal, as well be signed in front of a Notary Public. Also included, is a sample Order Granting Dismissal. This would be signed by the Judge and filed with the clerk's office. This form is available in both Word and Rich Text formats.

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FAQ

REQUEST FOR DISMISSAL Definition & Legal Meaning a term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.

REQUEST FOR DISMISSAL Definition & Legal Meaning a term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.

(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.

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.

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

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Dismissal Motion Dismiss For Naming Wrong Party