This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Jury Trial Form With Motion To Dismiss In Salt Lake
Category:
State:
Multi-State
County:
Salt Lake
Control #:
US-000287
Format:
Word;
Rich Text
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FAQ
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
Instead of answering, the defendant may file one of the motions described in Utah Rule of Civil Procedure 12. If the judge grants the motion, the judge's order will direct the parties what to do next. If the judge denies the motion, the defendant must file an answer within 14 days after the judge's order.
Rule 11 was designed to highlight the importance of constitutional rights by requiring the judge in district court to discuss these rights with the defendant before accepting his plea. In other words, Rule 11 was created to help the defendant understand the basic consequences of the decision to plead guilty.
Time to Respond In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
Writing a Persuasive Motion to Dismiss Be Clear and Concise: Use straightforward language and be diligent with proofreading. Stay Focused on the Legal Issues: Avoid unnecessary details and stick to the relevant legal arguments. Support Every Claim: Use statutes, case law, and rules of procedure to back up your points.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
Write a short and clear introduction. Draft a factually accurate narrative. Know the standard that must be met and craft an explanation of the standard. Use the most persuasive components of the relevant law. Apply the law to the facts in a convincing and credible manner. Conclusion.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.