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FAQ

(FRCP 12(h)(1).) Some courts require pre-answer motions to dismiss to be made within 21 days of service of the complaint. Other courts require only that they be made before the deadline for filing responsive pleadings, whether that deadline is within 21 days or later.

You've written a motion and submitted it to the court. The court has set it for oral argument - now what? Read the rules. Know the judge. Review your written motion. Shepardize your cases again. Review opposing counsel's written motion. Note cases that are directly opposed to your argument. Prepare your argument.

Check that the statute of limitations hasn't expired. Find what you forgot to allege in your original complaint.

You cannot file a second motion dismiss. You have to raise it as an affirmative defense in your answer and present it with evidence at summary judgement or trial...

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.

If the losing party agrees it lacked sufficient evidence to prove a claim, it is required to preserve the matter by filing a motion to present the proof. If the motion was denied, it could pursue an appeal. In essence, the proof submitted at the summary judgment becomes irrelevant to the case.

Federal Rule of Civil Procedure 16(b) mandates that the judge issue a scheduling order in most forms of civil action within 120 days after the complaint is filed.

When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff's case.The parties (well, their lawyers) will come to court, explain their positions on the motion to dismiss, and answer any questions posed by the judge. Finally, the judge will decide to grant or deny the motion.

Each judge has her/his own habits and it's difficult to speak to the speed of a judge outside of my personal experience. But as a general rule, you can expect a decision in this type of matter in anywhere from 2 weeks to 3 months.

Utah Withdrawal of Defendant's Motion for Partial Dismissal

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