Virgin Islands Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations

State:
Multi-State
Control #:
US-MOT-01429
Format:
Word; 
Rich Text
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This is a multi-state form covering the subject matter of the title.

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FAQ

The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

You have only 14 days to respond to a motion. If you have not already filed an amended complaint, and you think you can fix the problems the Defendant identified in the Motion to Dismiss, you may be able to file an Amended Complaint instead of an Opposition.

Whether a party is a Plaintiff or a Defendant, they may move for a motion for judgment on the pleadings after the time to demur a complaint or answer has expired. See C.C.P. § 438(f)(1)(2).

Rule 4. In cases in which a Domestic Relations action is initiated by complaint, a completed summons with copies for each defendant named in the complaint shall be delivered to the Clerk at the time the complaint is filed, except actions for reciprocal support under D.C. Code § 11-1101(10).

THE MOTION TO DISMISS Instead of answering, if the Defendant believes that the complaint is legally insufficient or that other Page 2 of 4 Page 3 appropriate grounds (reasons) exist, he or she may make a motion to dismiss the complaint.

Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

The District Court of the Virgin Islands is a federal court that has jurisdiction over the territory of the Virgin Islands of the United States. It was established by the Organic Act of 1936. Appeals of the court's decisions are heard by the United States Court of Appeals for the 3rd Circuit.

Motions to dismiss are made for many different reasons. For example, if the defendant didn't get the summons and complaint the right way, he or she can ask the court to dismiss the case. (See Examples of Bad Service). Or, if the plaintiff started the case in the wrong court or county, the court will dismiss the case.

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Virgin Islands Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations