Massachusetts Sample Letter for Court Order Denying Motion to Dismiss Case
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What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
If a case is dismissed as moot it means that there is nothing that the court can productively do to resolve it. This might be because the issue is no longer relevant because too much time has passed, it has been resolved, or there is nothing legally or lawfully actionable by the court.
In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
When a Court Denies a Motion as Moot, it Does not Grant the Motion because the Motion is now Irrelevant. When a party makes a motion, it asks the court to rule on a certain request.
