Motion To Strike Form Without Demurrer In Georgia
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O.C.G.A. § 9-11-41 states that an “action may be dismissed by the plaintiff, without order or permission of court… by filing a written notice of dismissal at any time before the first witness is sworn.” However, filing a “second notice of dismissal operates as an adjudication upon the merits.”
In Georgia, employees are presumed to be "at-will," and their employment may be terminated for any reason, at any time, with or without cause, as long as the reason is not specifically prohibited by law. This presumption is codified at O.C.G.A. § 34-7-1.
Under Georgia procedural rules, the special demurrer has two dissimilar functions, the first being to compel the striking or withdrawal of extraneous matter, and the second being to compel the demurree to plead, or to plead more fully, the facts relied upon to support his cause of action or defense, or the theory upon ...
A voluntary dismissal, like a nonsuit, is without prejudice the first time, but the rule provides that a second voluntary dismissal of the same claim operates as an adjudication on the merits.
(f) Motion to strike. Upon motion made by a party within 30 days after the service of the pleading upon him, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
A defendant may choose to submit a motion to dismiss for one of two reasons: 1) to allege a lack of jurisdiction over the defendant; or 2) to show that the plaintiff's claim is without legal or factual merit.
The two-dismissal rule of the Official Georgia Code § 9-11-41 (a) (3) states that an "action may be dismissed by the plaintiff, without order or permission of court … by filing a written notice of dismissal at any time before the first witness is sworn." However, a second notice of dismissal serves as an "adjudication ...
Definition: The two-dismissal rule is a legal principle that states that when a plaintiff voluntarily dismisses a claim in one court and then files the same claim in another court, a subsequent voluntary dismissal of the same claim in the second court will be considered an adjudication on the merits, rather than a ...
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.