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The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.
Here is how to write a request letter in 7 steps: Collect information relating to your request. ... Create an outline. ... Introduce yourself. 4. Make your request. ... Explain the reason for the request. ... Offer to provide additional information. ... Show your gratitude and conclude the letter. ... Use a professional format.
Here's a step-by-step walkthrough: Download and complete the required forms. These are available online on the Colorado court website. ... File the completed forms with the court. ... Provide the other party with a copy of the motion by mail. Wait for further updates from the court on hearings or direct rulings.
An action may be dismissed prior to answer or motion for summary judgment. An action may be dismissed by notice, without court order, at any time before the adverse party files an answer or motion for summary judgment.
Rule 341 - Dismissal of Actions (a) (1) Subject to the provisions of these rules, an action may be dismissed by the plaintiff upon payment of costs without order of court (i) by filing notice of dismissal at any time before filing or service by the adverse party of an answer, whichever first occurs, or (ii) by filing a ...