Alaska Reaffirmation Agreement, Motion and Order
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How to fill out Reaffirmation Agreement, Motion And Order?
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Motion to dismiss. ... Discovery motions. ... Motion to compel. ... Motion to strike. ... Motion for summary judgment. ... Motion for a directed verdict. ... Motion for nolle prosequi. ... Motion in Limine.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
(1) If either party desires oral argument on the motion, that party shall request a hearing within five days after service of a responsive pleading or the time limit for filing such a responsive pleading, whichever is earlier.
If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.
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.
A motion to dismiss for failure to state a claim is a defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a legal cause of action.
If someone files a motion before the date an Answer to a Complaint is due, the timeline to respond to the motion is: 10 days from the date of service of the motion, OR. the date the Defendant's Answer is due (20 days from the date the Complaint was served), whichever is later.
The Summons and Complaint were not served properly If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.