Free preview A18 Motion to Dismiss and Motion to Remove Documents
Free preview
A18 Motion to Dismiss and Motion to Remove Documents
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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.
Federal Rule of Civil Procedure 16(b) mandates that the judge issue a scheduling order in most forms of civil action within 120 days after the complaint is filed.
Each judge has her/his own habits and it's difficult to speak to the speed of a judge outside of my personal experience. But as a general rule, you can expect a decision in this type of matter in anywhere from 2 weeks to 3 months.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
MDEC stands for Maryland Electronic Courts. MDEC's goal is to create a judiciary-wide integrated case management system that will enable courts at all levels to collect, store, process, and access records electronically. Attorneys and parties may file and access records electronically.
(FRCP 12(h)(1).) Some courts require pre-answer motions to dismiss to be made within 21 days of service of the complaint. Other courts require only that they be made before the deadline for filing responsive pleadings, whether that deadline is within 21 days or later.
You have 14 days to respond to a motion to dismiss.
Motions for judgment on the pleadings are governed by the same standard as a motion to dismiss for failure to state a claim under Rule 12(b)(6).Thus, counsel is able to timely respond to a lawsuit but, yet, preserve his client's rights to seek dismissal for the plaintiff's failure to state a claim.
Some have allowed defendants to file a simultaneous motion and an answer, and some have allowed defendants to file a post-answer 12(b)(6) motion as long as the defendant raised the defense in its answer.