Recent Posts in Motion to Dismiss Category

  • What is a Motion to Dismiss?

    || 23-Nov-2015

    A motion to dismiss is a formal request for a court to “throw out” a case, due to procedural issues. Generally, a legal document filed by the defendant once the plaintiff files a complaint, a defendant is able to file a motion to dismiss as opposed to filing an answer. Although the defendant didn’t file an answer which clearly denies the allegations in the complaint, most courts ...
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  • Understanding a 'Motion to Dismiss'

    || 5-Aug-2015

    A criminal lawyer may file a motion to dismiss at the early stages of a case, before both sides have conducted discovery. In that case, the material presented in the complaint is the focus of the motion, which the defense argues is legally invalid. When deciding on a motion to dismiss, the court must consider all of the facts contained within the complaint. Generally, a motion to dismiss is based ...
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