Indiana Plaintiffs Motion To Dismiss Pending Case is a legal motion that is used by the plaintiff in a civil case in Indiana to get the court to dismiss the case without a trial. This motion can be based on a variety of grounds, including lack of jurisdiction, lack of standing, or a defect in the pleading. There are two types of Indiana Plaintiffs Motion To Dismiss Pending Case: a motion to dismiss for failure to state a claim, and a motion to dismiss for lack of subject jurisdiction. The former is used when the plaintiff has failed to make a valid legal argument in their complaint, while the latter is used when the court does not have the necessary authority to hear the case. The motion must be supported by legal arguments, evidence, and citations to relevant case law.
Indiana Plaintiffs Motion To Dismiss Pending Case
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(C) Response. Any party may file a response to a motion within fifteen (15) days after the motion is served. The fact that no response is filed does not affect the Court's discretion in ruling on the motion.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings (A) When presented. The time allowed for the presentation of defenses and objections in a motion or responsive pleading shall be computed pursuant to the provisions of Rule 6(C).
Trial Rule 41(E) states that where there is inaction in a case for 60 days or more, either the court or a party to the case may request that it be dismissed with prejudice, meaning that the side that has been inactive would have to pay court fees and attorney's fees for the other side.
(e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.