[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Title] [Name of the Court] [Court's Address] [City, State, ZIP] Re: Case No. [Enter Case Number] [Plaintiff's Name] v. [Defendant's Name] Dear [Judge's Name], I am writing to submit a Motion to Dismiss — Motion of Admission in the above-mentioned case. I respectfully request that the court consider this motion and dismiss the plaintiff's claims against the defendant based on the admissions made by the plaintiff. I. Background Information Provide a brief overview of the case, including the relevant events, parties involved, and any pertinent information to give the judge context before discussing the motion. II. Motion to Dismiss — Motion of Admission Detail the grounds for the motion, explain the admissions made by the plaintiff, and cite relevant precedents or legal statutes that support your argument for dismissal. III. Legal Analysis a) Identify and discuss the legal principles or rules governing the motion, focusing on how the admissions made by the plaintiff warrant dismissal of the case. b) Cite case law, statutes, or legal authorities that demonstrate how the admissions impact the plaintiff's claims and justify dismissal. IV. Supporting Documentation Enclose any supporting documentation that bolsters your argument for dismissal. This may include transcripts, affidavits, exhibits, or any other pertinent evidence that further substantiates your position. V. Conclusion Summarize the key points discussed in the motion and emphasize that the admissions made by the plaintiff warrant dismissal of their claims against the defendant. Respectfully request that the court grant the motion and dismiss the case accordingly. VI. Certificate of Service Include a statement certifying that a copy of the motion has been properly served to the opposing party or their legal representation. Thank you for considering this motion. I believe that the admissions made by the plaintiff clearly demonstrate that there is no legal basis to continue with this case. I trust that the court will carefully review the motion and come to a fair and just decision. If the court requires any additional information or documents, please do not hesitate to contact me. I am at your disposal to provide any further clarification that may be necessary. Yours sincerely, [Your Name]
Idaho Sample Letter for Filing of Motion to Dismiss - Motion of Admission
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FAQ
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.
A motion to strike may be brought against complaints, cross-complaints, answers and demurrers. A motion to strike can be brought against an entire pleading, or any part of a pleading.
Filing a motion to dismiss does not preclude later filing an answer, and filing an answer does not preclude later filing a section 2--619 motion to dismiss. Outlaw v. O'Leary, 161 Ill. App.
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.
When Can a Motion to Dismiss be Filed? Under rule 3.190(c), Florida Rules of Criminal Procedure, a Motion to Dismiss must be filed before or at a defendant's arraignment, unless the court, in its discretion, grants additional time.
A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendant's answer would have been due (see FRCP 12(b)Opens in a new window).
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
