New York Motion to Dismiss JD Petition to Extend Placement is a motion filed in New York courts to challenge a petition to extend a juvenile delinquency (JD) placement. This motion is often used when an individual has been placed into a juvenile detention center or other juvenile facility, and the petitioner is requesting an extension of the placement. The motion is typically filed by the juvenile's attorney, parent, or guardian, and contains arguments as to why the petition to extend the placement should be denied. If the motion is successful, the juvenile will be released from the placement and allowed to return to their home or other appropriate living arrangement. There are two main types of New York Motion to Dismiss JD Petition to Extend Placement: a motion to dismiss with prejudice, and a motion to dismiss without prejudice. A motion to dismiss with prejudice is a motion that seeks to permanently dismiss the petition, and the juvenile will not be able to be placed in a juvenile facility again. A motion to dismiss without prejudice seeks to dismiss the petition temporarily, and the juvenile could be placed in a juvenile facility again in the future.
New York Motion to Dismiss JD Petition to Extend Placement
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These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
Although more commonly utilized by a defendant to seek dismissal of some or all of plaintiff's claims, a motion to dismiss may be filed by any party against whom a claim or defense has been asserted.
One option is to ask the judge to dismiss the case, known as a ?Request for Dismissal?. This term is essentially asking the court to end your case without further consideration. Both parties to a civil case can file a Request for Dismissal, but the reasons for doing so will vary greatly.
Some reasons a party might file a motion to dismiss include: The statute of limitations has expired. The court does not have jurisdiction over the parties or the subject matter of the case. The venue, or location where the lawsuit was filed, is not proper.
In New York state court, where the Civil Practice Law and Rules (CPLR) offers more flexibility than the Federal Rules of Civil Procedure, CPLR 3211(a)(1) permits a defendant to introduce on a motion to dismiss documents that ?utterly refute? allegations in a complaint, but it is not boundless.
A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until ten (10) days after an order issued by the court in regard to the motion has been entered and notice of entry has been provided.
Sometimes a court cannot provide relief to a plaintiff and the case must be dismissed with prejudice. For example, if plaintiff claims that defendant defeated her in tennis and hurt her feelings, the claim would have to be dismissed because feeling bad over a tennis match is not a cause of action.
22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.