A Motion to Dismiss or Transfer is a legal document that is filed in Washington state civil trials to request the court to either dismiss the case or transfer it to another court. This motion is typically filed by one of the parties involved in the case, and its purpose is to challenge the court's jurisdiction or to argue that the case is improper for various reasons. In Washington state, there are different types of Motions to Dismiss or Transfer in civil trials, each serving a specific purpose within the legal system. Here are some of the most common ones: 1. Motion to Dismiss for Lack of Jurisdiction: This motion is filed when the party argues that the court chosen for the case does not have the authority or jurisdiction to hear and decide upon the matter. Jurisdiction can be challenged on various grounds, such as lack of subject jurisdiction or lack of personal jurisdiction over the parties involved. 2. Motion to Dismiss for Failure to State a Claim: This motion is filed when the party believes that even if all the allegations in the complaint are true, they still do not establish a valid legal claim. The moving argues that the complaint fails to state a legally recognizable cause of action or that it lacks sufficient facts to support the claim. 3. Motion to Dismiss for Improper Venue: This motion is filed when the party asserts that the chosen court is not the proper venue for the case. They argue that the case should be transferred to another court within Washington that is more convenient or appropriate based on factors like the location of the events giving rise to the lawsuit or the residence of the parties involved. 4. Motion to Transfer for Forum Non-Convenient: This motion is filed when the party believes that even though the chosen court has jurisdiction and venue, it is not the most convenient forum to hear the case. The moving argues that another court, whether within or outside of Washington, would be more suitable due to factors such as the location of evidence or witnesses, or the ability to provide an impartial trial. 5. Motion to Transfer to Another Division or County: In certain situations, a party may request to transfer the case to another division or county within Washington. This motion is typically filed when the transfer would be more convenient for the parties, witnesses, or for the efficient administration of justice. These various types of Motions to Dismiss or Transfer in Washington state civil trials allow parties to assert their rights and challenge the procedural aspects of a case. It is essential to consult with an experienced attorney to determine the appropriate grounds for filing such a motion and to navigate through the legal complexities involved.
Washington Motion to Dismiss or Transfer - Civil Trial
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Either party, after the notice of trial, whether given by either party, may bring the issue to trial, and in the absence of the adverse party, unless the court for good cause otherwise directs, may proceed with the case, and take a dismissal of the action, or a verdict or judgment, as the case may require.
A nonresident of the state may be required to attend an examination, produce documents, or permit inspection only in the county where the person is served with a subpoena, or within 40 miles from the place of service, or at such other convenient place as is fixed by an order of the court.
Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.
When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical examination by a physician, or mental examination by a physician or ...
The attorney shall file and serve a Notice of Intent To Withdraw on all other parties in the proceeding. The notice shall specify a date when the attorney intends to withdraw, which date shall be at least 10 days after the service of the Notice of Intent To Withdraw.
A party against whom a claim, counterclaim, or cross claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment in such party's favor as to all or any part thereof.
Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff, counterclaimant, cross claimant, or third party plaintiff neglects to note the action for trial or hearing within 1 year after any issue of law or fact has been joined, unless the failure to bring the same on for ...
Rule 40 - Informal Family Law Trials (IFLT) [Effective January 1, 2023] (1) Upon the consent of both parties and with approval of the court, Informal Family Law Trials (IFLT) may be held to resolve any or all issues in original actions or modification for dissolution of marriage, separate maintenance, invalidity, child ...