This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.
Motion to Dismiss - Personal Injury
State:
Multi-State
Control #:
US-PI-0313
Format:
Word;
Rich Text
Instant download
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Description
How to fill out Motion To Dismiss - Personal Injury?
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FAQ
You do not have to file a response. However, you would be wise to do so as a motion to dsmiss , if granted, could end your suit. Motions to dimiss for failure to state a claim are rarely granted.
In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
A motion to dismiss or motion for dismissal is a motion made in a civil case, where one party asks the court to dismiss or throw out the case without reviewing all of the facts and legal arguments of the case.
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had contact with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.