Motion Dismiss Order With Notice

State:
Multi-State
Control #:
US-02684BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion Dismiss Order with Notice is a legal document used in cases where a defendant seeks to dismiss a foreclosure action against them. It outlines the grounds for dismissal, typically focusing on the plaintiff's failure to demonstrate ownership or standing to bring the action. Key features of the form include sections for stating specific grounds for dismissal, identification of parties involved, and a certificate of service section to ensure notification of the opposing counsel. For filling and editing, users must include accurate names of the parties, specific allegations, and refer to applicable civil procedures. This form is particularly useful for attorneys, partners, and paralegals involved in foreclosure defense, enabling them to communicate a clear legal argument for dismissal based on procedural failings. Legal assistants may assist in preparing this document, while associates can learn to manage foreclosure cases effectively. The clear structure and required details contribute to efficient case handling and strategic negotiation.
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FAQ

Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit).

A dismissal refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte.

The notice means that the court where the lawsuit was pending has dismissed the case against you. Another way of saying dismissed in the context of a court action is to say tossed out. If a creditor's case against you has been dismissed, it's been tossed out by the court.

A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.

The court, having reviewed the motion, finds that it should be granted. IT IS THEREFORE ORDERED that this matter is dismissed without prejudice. Costs are taxed to the plaintiff waived because this matter was filed in forma pauperis. Dated: ___________________________.

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Motion Dismiss Order With Notice