Connecticut Sample Letter for Order Denying Motion to Dismiss

State:
Multi-State
Control #:
US-0138LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP Code] Re: [Case Caption or Number] Dear [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing to submit my opposition to the motion to dismiss filed by the defendant in the above-mentioned case. As the plaintiff, it is my duty to present my arguments and provide substantial evidence supporting my position. I would like to address the defendant's motion to dismiss, which requests the court to dismiss my complaint on various grounds. However, I firmly believe that these grounds lack merit and do not justify the dismissal of my case. Allow me to present the following arguments in opposition to the motion. 1. Lack of Subject Jurisdiction: The defendant alleges that this court lacks subject jurisdiction over the case. However, Connecticut law clearly grants jurisdiction to this court regarding the nature of the claims raised in my complaint. Additionally, the evidence and legal authorities cited in my complaint amply support the court's jurisdiction to hear this matter. 2. Failure to State a Claim: The defendant asserts that my complaint fails to state a viable claim upon which relief can be granted. On the contrary, my complaint presents all necessary elements required to establish a valid cause of action under Connecticut law. The attached evidence and legal precedents cited within my complaint demonstrate the sufficiency of the claims made. 3. Inadequate Service of Process: The defendant claims that the proper service of process was not completed. However, I followed all procedural requirements mandated by Connecticut law when effectuating service upon the defendant. Moreover, the defendant has acted in bad faith by attempting to evade service, as documented in the evidence provided with my complaint. 4. Lack of Personal Jurisdiction: The defendant argues that the court lacks personal jurisdiction over them. Nevertheless, it is evident from the evidence and facts presented in my complaint that the defendant has sufficient affiliations with Connecticut, thereby establishing the court's personal jurisdiction. In light of the aforementioned arguments, it is my strong belief that the defendant's motion to dismiss should be denied. The evidence, case law, and applicable statutes all support the continuation of this case. Granting the motion to dismiss would deny me the opportunity to present my case fully. I respectfully request that this Honorable Court denies the defendant's motion to dismiss and allows my complaint to proceed to the next stage of litigation. I trust in your wisdom and judiciousness in considering this matter. Thank you for your attention to this opposition. Please do not hesitate to contact me if you require any further information or documentation to support my position. Yours sincerely, [Your Name]

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Rule 1.10 - Imputation of Conflicts of Interest: General Rule (a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7, 1.8(c), or 1.9, unless the prohibition is based on a personal interest of the ...

Rule 4.2 of the Rules of Professional Conduct provides that ?[i]n representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law ...

For example, a party who is represented by counsel may not communicate directly to the Judge or opposing counsel. The party's attorney is responsible for communications with opposing counsel and the Judge, to avoid potential problems. Attorneys can also directly communicate with each other on behalf of their clients.

Sec. 41-8. Motion to Dismiss (1) Defects in the institution of the prosecution including any grand jury proceedings; (2) Defects in the information including failure to charge an offense; (3) Statute of limitations; (4) Absence of jurisdiction of the court over the defendant or the subject matter;

Rule 8.4(7) defines ?professional misconduct? by a Connecticut attorney as including speech that the lawyer knows or reasonably should know ?is harassment or discrimination on the basis of? any of 15 listed characteristics?among them race, sex, religion, disability, sexual orientation, and gender identity.

Rule 7.1. A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

These grounds can include, but are not limited to: forum non conveniens, meaning it is more appropriate for another court to hear the case; prior pending action, meaning a case between the parties on the same matter is already happening; or in a medical malpractice case the Certificate of Good Faith not being properly ...

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Sep 12, 2014 — Time to file: “Any defendant, wishing to contest the court's jurisdiction, shall do so by filing a motion to dismiss within thirty days of the ... In this overview, we will discuss the grounds, or reasons, and general procedures for filing a Motion to Dismiss in a Connecticut civil lawsuit.ORDER DENYING MOTION TO DISMISS FOR LACK OF JURISDICTION - 2 registered user of the internet domain name “Gordonworks.com." Plaintiff alleges Defendant violated ... For example, your title might be “Memorandum in Opposition to Defendants' Motion to Dismiss.” A sample motion follows this section. You must sign and file an ... Apr 2, 2019 — ❖ May file a motion for sanctions for a “bad faith” pleading pursuant to. Sec. 10‐5, “Untrue Allegations or Denials” (“Any allegation or denial. Jan 31, 2021 — THE DEFENDANT'S MOTION MAY BE GRANTED AND YOUR CLAIMS MAY BE. DISMISSED WITHOUT FURTHER NOTICE IF YOU DO NOT FILE OPPOSITION PAPERS AS. REQUIRED ... You will need to complete an Opposition, a Motion/Opposition Fee Information Sheet, and a Financial Disclosure Form (if there are financial issues for the judge ... • If appeal is late, file a motion to dismiss within 10 days, P.B. § 63-8. - If not timely challenged, lateness of appeal is waived. • Decide whether to file a ... Apr 5, 2021 — ... (denying stay pending motion to dismiss implicating complex arguments on both sides). II. A STAY WILL SEVERELY PREJUDICE DRCT'S CONSTITUENTS. ... the order denying the motion may be appealed pursuant to Supreme Court Rule 7. ... fill out a Writ of Attachment in accordance with the Order granting the motion.

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Connecticut Sample Letter for Order Denying Motion to Dismiss