This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.
North Dakota Motion to Dismiss - Personal Injury
State:
Multi-State
Control #:
US-PI-0313
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Dismiss - Personal Injury?
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FAQ
If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with a motion for judgment. Notice must be served with the motion and must comply with N.D.R. Ct.
41. Rule 41 prohibits dismissal by stipulation under subdivision (a) when a provisional remedy has been allowed. A directed verdict should be moved for under Rule 50 in a trial by jury, instead of asking for a dismissal.
If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.
If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is self-represented.
Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is: (A) a defendant must serve an answer within 21 days after being served with the summons and complaint; (B) a party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the ...
(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.