An Indiana Plaintiffs Motion To Dismiss is a legal motion filed by a plaintiff in an Indiana court. The motion is used to request that a court dismiss a case without any further proceedings. The motion can be based on a variety of reasons, such as a lack of jurisdiction, or failure to state a claim upon which relief can be granted. The motion can also be made when the defendant has not responded to the complaint, or when the plaintiff believes the case has no merit. There are several types of Indiana Plaintiffs Motion To Dismiss, including a Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Improper Venue, and Motion to Dismiss for Improper Service.
Indiana Plaintiffs Motion To Dismiss
State:
Indiana
Control #:
IN-SKU-1055
Format:
PDF
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Plaintiffs Motion To Dismiss
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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.
(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.
Filing requirements Motion must be signed by the filing party. Motion must clearly state which party is being dismissed. The Motion must contain a Certificate of Service. It is not necessary to upload a proposed order - the court will prepare one.
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.
(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 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.