This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.
Colorado Motion to Dismiss - Personal Injury
State:
Multi-State
Control #:
US-PI-0313
Format:
Word;
Rich Text
Instant download
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Public form
Description
How to fill out Motion To Dismiss - Personal Injury?
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FAQ
Dismissal Without Prejudice For example, if a person beats another person very severely, the prosecutor may file assault charges against the aggressor. If the victim later dies, the prosecutor may want to drop the assault charges in favor of a murder charge.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice. Responding To A Motion To Dismiss - Courtroom5 courtroom5.com ? blog ? responding-to-a-motion... courtroom5.com ? blog ? responding-to-a-motion...
Outline the grounds for your motion. Using the information you've gathered from your research, tell the judge the reasons the complaint is legally or procedurally insufficient and should be dismissed. If you're using a procedural rule, you may want to reference the rule of procedure that the complaint violates.
The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.