West Virginia Response of Requested Dismissed Defendant to Motion for Summary Judgment
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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.
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.
You have 14 days to respond to a motion to dismiss. If you do not have an attorney, I strongly recommend that you retain one. Federal courts have many rules that must be strictly adhered to.
WHAT IS A DISMISSED CASE? A dismissed criminal case is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded.
The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial.Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case.
Some states have a 90 day rule but there is really no set time for a judge to make a decision. If he needs more time it usually means that the case is a very close call and the last thing you want to do is to try to hurry the judge up and anger him. Sometimes judges can take a year or more to render a ruling.
19, 2008) (motions to dismiss or for summary judgment are not responsive pleadings, and therefore do not cut off a plaintiff's right to amend his pleadings once at any time).
Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.