This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Description: A Guam Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations is a legal motion filed in the Guam courts to request the dismissal of a plaintiff's lawsuit due to the expiration of the statute of limitations. This motion is typically filed by the defendant or their legal counsel. In Guam, as in many other jurisdictions, there are different types of motions to dismiss a plaintiff's cause of action on the basis of the statute of limitations: 1. Motion to Dismiss with Prejudice: This is a motion requesting the court to dismiss the plaintiff's lawsuit permanently, thereby preventing the plaintiff from filing the same claim again in the future. If the court grants this motion, it effectively ends the case. 2. Motion to Dismiss without Prejudice: This motion seeks the dismissal of the plaintiff's lawsuit due to the statute of limitations while leaving open the possibility for the plaintiff to refile the claim within the allowed time frame. If granted, the plaintiff may have an opportunity to correct any deficiencies in their initial claim and refile it. 3. Motion to Dismiss Based on Specific Statute of Limitations: This type of motion asserts that, based on the specific statute of limitations applicable to the plaintiff's cause of action, the claim is time-barred. The motion argues that the plaintiff failed to file their lawsuit within the prescribed time limit, thereby warranting dismissal. 4. Motion to Dismiss Due to Equitable Tolling: Equitable tolling is an exception to the statute of limitations that allows for the extension of the filing deadline in certain circumstances. This motion argues that equitable tolling should not apply to the plaintiff's claim and that the lawsuit should be dismissed. 5. Motion to Dismiss Based on Discovery Rule: The discovery rule is another exception to the statute of limitations. This motion contends that the plaintiff failed to exercise reasonable diligence in discovering the grounds for their claim within the applicable time frame, thus warranting dismissal. When filing a Guam Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations, it is crucial to provide strong legal arguments, supporting evidence, and comprehensive analysis of the relevant statutes and case law. The court will carefully consider the motion before making a decision on whether to dismiss the plaintiff's lawsuit permanently or allow them the opportunity to refile within the allowed time frame.
