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A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid. A motion to quash example would be if a party experienced improper service of process.
Generally, opposing counsel may not communicate with current employees who have managerial responsibilities within the corporation or who have the power to bind the corporation. Comments to Rule 4.2 provide that, with respect to organizations, ?this Rule prohibits communications by a lawyer for one party concerning the ...
(a) A motion to dismiss shall be used to assert: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) insuffi- ciency of process; and (4) insufficiency of service of process.
When a Court Denies a Motion as Moot, it Does not Grant the Motion because the Motion is now Irrelevant. When a party makes a motion, it asks the court to rule on a certain request.
Rule 7.1. A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
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.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt.