Montana Motion to Dismiss
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FAQ
A motion to dismiss or motion for dismissal is a motion made in a civil case, where one party asks the court to dismiss or throw out the case without reviewing all of the facts and legal arguments of the case.
When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff's case.The parties (well, their lawyers) will come to court, explain their positions on the motion to dismiss, and answer any questions posed by the judge. Finally, the judge will decide to grant or deny the motion.
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.
Defendants may move to dismiss some or all claims but can only make one motion to dismiss, asserting all defenses (other than those in FRCP 8(c)) that were available when the motion was made (FRCP 12(g)).