Get GU Motion for Dismissal of Action

Write your introduction. The first lines of your motion should state your name and role in the case, and what you are asking the judge to do. Traditionally, the first line begins "Comes now the defendant," followed by your name. Then you state that you're asking the court to dismiss the plaintiff's complaint.

A Motion to Dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation. A Motion to Dismiss may be filed at any time during the litigation process.

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.

There are several reasons why a plaintiff may decide to voluntarily drop a lawsuit. The most common reasons to drop a lawsuit are when the parties have settled or when the plaintiff has run out of energy or resources to continue the suit. If you decided to drop a lawsuit, you usually must get permission from the court.

When a judge denies a defendant's motion to dismiss, the case will continue because defendant did not convince the judge to terminate the case. ... When students read a U.S. court decision where a judge denies a motion to dismiss, it may appear that the judge is ruling that the plaintiff won her case.

A motion to dismiss is a party's request to a court to dismiss a case because of settlement, voluntary withdrawal, procedural defect or claim is one for which the law provides a remedy. Under the Federal Rules of Civil Procedure, Rule 41(a) [USCS Fed Rules Civ Proc R 41] a plaintiff may voluntarily dismiss the case.

A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law. ... A dismissed case will still remain on the defendant's criminal record.

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.

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.

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.

To survive a motion to dismiss, a complaint must be plausible on its face. A complaint contains facial plausibility if the allegations allow the court to draw a reasonable inference that the defendant is liable for the alleged misconduct.

A motion to dismiss is usually filed at the very begin of the legal process, right after the plaintiff has filed a complaint. ... If the defendant chooses to file an answer, they usually forfeit their right to file a motion to dismiss.

Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment. Lower federal court decisions are in conflict over what constitutes an answer or a motion for summary judgment under this rule.

Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). ... Simply stated, Rule 41(a) allows the plaintiff to make a dismissal as long as the defendant has not filed an answer or filed a motion for summary judgment.

To dismiss with prejudice in a civil case means the judge ends the lawsuit and the party bringing the lawsuit lost and may not re-plead the lawsuit. The plaintiff cannot (unless he successfully appeals) file a lawsuit based on the same facts again.