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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.
(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings or motions are required. (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.
If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.
What is an ex parte order? Ex parte means that a party tells the court its version of events without the opposing party being given the opportunity to address the court. Ex parte orders may be awarded upon a verified pleading or affidavit and the finding that an emergency exists.
(e) Motion for More Definite Statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days or within such time as the court may fix, the court may strike the pleading or make such order as it deems just.
25-1332. Motion for summary judgment; proceedings. The judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Improper venue means the case is being brought in the wrong court, but not because of subject matter jurisdiction or personal jurisdiction. Venue means that the case was brought in the wrong district court. Defendants can ask the court to dismiss the case or to transfer the case to the correct court.
You will have to file the Affidavit and Application with the clerk of the district court. The Order to Show Cause and the filed-stamped Affidavit and Application must then be given to the judge for signing and setting a date for the contempt hearing.