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The time for a response to a motion to dismiss in Florida will depend on the court. In general, the opposing party will have approximately two to three weeks to answer to a motion to dismiss.
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.
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.
Pursuant to Rule 12(a)(4)(A), if a defendant files a motion under Rule 12 and ?the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action.?
The former Federal Rule of Criminal Procedure 12(b)(3) stated that a party must make the following motions before trial: a motion alleging defect in instituting the prosecution, a motion alleging defect in the indictment or information, a motion to suppress, a Rule 14 motion to sever charges or defendants, and a Rule ...
If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties.
A moving party can meet its burden of production in two ways: either produce evidence affirmatively negating an essential element of the nonmoving party's claim or defense, or demonstrate that the nonmoving party does not have sufficient evidence of an essential element to meet its burden of persuasion at trial.