[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Title] [North Carolina Court Name] [Court Address] [City, State, ZIP] Re: [Case Name], Case No. [Case Number] Dear Judge [Judge's Last Name], I am writing this letter in response to the Motion to Dismiss filed by the opposing party in the above-mentioned case. I represent the plaintiff in this matter and I respectfully request the court's attention to this letter. The purpose of this letter is to present arguments and evidence in support of our request to deny the motion to dismiss and proceed with the case. I will address each of the grounds mentioned in the motion and provide legal precedent and supporting facts to demonstrate why the motion should be denied. 1. Lack of Subject Jurisdiction: The defense asserts lack of subject jurisdiction in their motion, claiming that the court does not have the authority to hear this case. However, I would like to bring your attention to [cite relevant statute or case law] which clearly establishes this court's jurisdiction over matters of this nature. Furthermore, the facts and circumstances of our client's [briefly mention the subject of the case, e.g., personal injury claim] undeniably fall within this court's jurisdiction. 2. Failure to State a Claim Upon Which Relief Can Be Granted: The opposing party argues that our complaint fails to state a valid claim upon which relief can be granted. However, we firmly believe that our complaint meets all the necessary requirements stated in the North Carolina Rules of Civil Procedure. It includes a concise statement of facts and legal theories supporting each claim, and it provides clear delineation of the relief sought. Therefore, the motion should be denied as our complaint has established valid grounds for relief. 3. Insufficient Evidence: The defense further contends that there is insufficient evidence to support our claims. Contrary to their assertions, we have diligently gathered substantial evidence in the form of [list types of evidence, e.g., medical records, witness testimonies, expert reports]. This evidence, when presented and examined in court, will unquestionably establish the credibility and validity of our claims. Thus, the motion to dismiss on the grounds of insufficient evidence should be denied. In conclusion, I respectfully request that the court denies the opposing party's Motion to Dismiss. We have rebutted each of their arguments, citing relevant legal authority and providing evidence to support our position. We believe that proceeding with this case is crucial to ensuring justice for our client and to safeguarding the principles upon which our legal system stands. Thank you for your attention to this matter. Please inform us of any further instructions or scheduling updates. Yours sincerely, [Your Name] [Your Attorney ID, if applicable]
North Carolina Sample Letter for Court Order Denying Motion to Dismiss Case
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How to fill out North Carolina Sample Letter For Court Order Denying Motion To Dismiss Case?
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FAQ
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.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
12(b)(6) tests the legal sufficiency of the complaint. In ruling on the motion the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.
North Carolina Rule of Civil Procedure 41(a) permits a plaintiff to voluntarily dismiss its claims without prejudice any time before resting its case.
At a motion to dismiss hearing, the parties will stand before a judge who will decide whether to grant the motion or deny it. Note that in many federal (and some state) courts, motions to dismiss may be decided solely ?on the papers? without requiring an actual hearing with the parties.
? Subject to the provisions of Rule 23(c) and of any statute of this State, an action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the plaintiff rests his case, or; (ii) by filing a stipulation of dismissal signed by all parties who ...
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right ...
