Opposition Motion Sample With Motion To Dismiss
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FAQ
Motions to Dismiss Under Rule 3.190(c)(4) Under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, a defendant may, at any time, file a motion to dismiss on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt.
For example, a party can make a motion to ask to allow him or her not to give the other side the discovery that was asked for. If a party thinks that a subpoena asks for documents that have nothing to do with the case, or asks for too much information, the party can make a motion to quash the subpoena.
HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.
You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.
The state to defeat a motion to dismiss, the state must file a traverse denying specific facts in the motion or alleging specific additional facts just as a non-movant would have to do in a counter-affidavit to defeat a motion for summary judgment.
