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Louisiana Letter to Opposing Counsel regarding Intent to File Motion...

Opposing Counsel

Name: Louisiana Letter to Opposing Counsel regarding Intent to File Motion to Dismiss
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.87 (498 reviews)

Category:

Louisiana Letters - Legal - Dismissals

State:

Louisiana

Control #:

LA-5348

Format:

Instant download

Description

This is a letter from an attorney to opposing counsel regarding his intent to file a Motion to Dismiss on behalf of his client. The attorney informs opposing counsel that he intends to file the Motion unless there is any objection within a specified time frame. He points out that his client has sold his interest in the disputed property and is therefore no longer a party to the suit.

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FAQ

Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ). File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)

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.

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.

Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.

Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.

An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what's left of the case and determines that there is not enough evidence to warrant another trial.

You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.

Opposing Counsel

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Can a judge deny a motion?

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On what grounds can a case be dismissed?

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