Puerto Rico General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

State:
Multi-State
Control #:
US-01056BG
Format:
Word; 
Rich Text
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion
  • Preview General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion
  • Preview General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

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FAQ

This formal writing breaks down into two categories: pleadings and motions. A pleading demands that the other party do something, while a motion requests that the judge in the case do something.

One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.

There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)

A pleading is a written submission that sets out claims, allegations, arguments, or evidence. Pleadings include briefs, motions, attachments, and responses.

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.

(c) Motions for judgment on the pleadings. A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law.

Insufficiency of process or insufficient service of process: A case may be dismissed if there is a technical defect in the summons (which is rare), or if you were not properly served with the summons and complaint (which is more common).

There are several different types of pleadings in civil procedures, but all of them include the basic demand and response structure: Complaints. Answers to a complaint. Counterclaims. Answers to a counterclaim. Crossclaims. Answers to a crossclaim. Third-party complaints. Third-party complaint answers.

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 ...

12(b)(3) provides for dismissal based on improper venue. 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.

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Puerto Rico General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion