This is a Plaintiff's Motion to Dismiss to be used in the Small Claims Court for the State of Indiana. In the pleading, a Plaintiff requests that the court dismiss his/her small claim against defendant(s).
Indiana Plaintiff's Motion to Dismiss
State:
Indiana
Control #:
IN-033-SC
Format:
Word;
Rich Text
Instant download
Description
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FAQ
A plaintiff can file a motion to voluntarily dismiss the case before the defendant has filed their answer. After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case.
A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant's favor most often denying the plaintiff the opportunity to go to trial.
Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.
Only "final judgments" may be appealed. A final judgment disposes completely of the case, leaving no further issues for the court to decide.Cases which are resolved through motions for summary judgment or motions to dismiss are also considered final judgments.
You do not have to file a response. However, you would be wise to do so as a motion to dsmiss , if granted, could end your suit. Motions to dimiss for failure to state a claim are rarely granted.
The court shall enter an order of dismissal at plaintiff's costs if the plaintiff shall not show sufficient cause at or before such hearing. The purpose of this rule is to ensure that plaintiffs will diligently pursue their claims.
The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte. According to FRCP 41(a), a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant.
