Maryland Answer to Motion to Dismiss Petition for Injunctive Relief

The most common type of pre-answer motion is the motion to dismiss. A pre-answer motion to dismiss may be made on any of the grounds listed in FRCP 12(b). Courts may also consider other grounds for dismissal raised in a pre-answer motion to dismiss, including immunity or failure to exhaust administrative remedies.

A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant's favor most often denying the plaintiff the opportunity to go to trial.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

N. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case.

Defend yourself in court; File a cross claim, counter claim or third party claim; Assert that the Writ of Summons was not served properly; or. Simply ignore the debt collection case.

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.

If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.

Typically, the losing party may appeal after the court has delivered its final judgment. In addition to appealing the final decision, the appellant can also appeal earlier rulings that were not definitive when they were issued.

Generally, however, a defendant must file a motion to dismiss before filing an "answer" to the complaint. If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time.The motion to dismiss must be filed with the court and served on the other party.