This form is a Defendant's Initial Document Request usable by defendants in cases with claims regarding licensing, patents, or commercial trade secrets.
Oklahoma Defendant Initial Document Request
State:
Multi-State
Control #:
US-TS11011E
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Defendant Initial Document Request?
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FAQ
Section 1083 - Response by state - Disposition of application A. Within thirty (30) days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits.
Requests for production of documents compel the opposing party to produce certain documents in his/her control. Like interrogatories, the response to this request must be provided within 30 days except the Respondent does not have to response any sooner than 45 days from the service of the petition and summons.
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.
A Rule 8 hearing happens after the criminal case has already finished. At a Rule 8 hearing in Oklahoma, a judge will decide if you can pay the costs associated with your criminal case. If you haven't yet paid your fees or cannot pay your costs, a Rule 8 hearing will address this.
In order to survive a Rule 12(b)(6) motion, a plaintiff must provide the grounds of his entitlement to relief. This requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Bell Atl. Corp.
The two main options are simply responding to the motion to dismiss by arguing that the claims attacked do sufficiently allege a claim for relief, or the plaintiff may amend the complaint to cure any deficiencies.
Failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) is a 'judgment on the merits. '?). For this reason, a dismissal for failure to state a claim arguably should not be referred to as a dismissal at all, but rather should be called a motion for judgment on the complaint.
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.
