Guam Sample Letter for Filing of Motion to Dismiss - Motion of Admission

• Category: Letters - Legal - Filing
• State: Multi-State
• Control #: US-0366LTR
• Format: Word; Rich Text

Description

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] [Email Address] [Phone Number] [Date] [Name of the Court] [Address of the Court] [City, State, ZIP] Re: Case No: [Case Number] [Plaintiff Name] vs [Defendant Name] Dear [Name of the Judge/Presiding Officer], I hope this letter finds you in good health and high spirits. I, the defendant in the aforementioned case, am I writing to submit my Motion to Dismiss — Motion of Admission. I kindly request the court's prompt attention to this matter. Furthermore, I am filing this motion in response to the plaintiff's complaint, as I believe it fails to meet the necessary legal standards and substantiate a valid claim against me. The grounds for my Motion to Dismiss are as follows: 1. Lack of Jurisdiction: Upon reviewing the plaintiff's complaint, it is evident that this court does not have jurisdiction over the matter. [Provide detailed explanation supporting your claim of lack of jurisdiction, such as residency issues, improper venue, or lack of personal or subject jurisdiction.] 2. Failure to State a Claim: The plaintiff's complaint does not contain sufficient factual allegations or legal basis to support a valid claim against me. The absence of factual details and legal elements necessary to sustain a cause of action compels this motion for dismissal. [Quote specific sections of the complaint where the deficiencies exist and explain their insufficiency.] 3. Timeliness: The plaintiff's claim is time-barred, as it exceeds the applicable statute of limitations. [Provide specific statutes of limitations, and explain how the plaintiff's claim fails to meet them.] 4. Constitutional Violations: The plaintiff's allegations, if accepted as true, would infringe upon my constitutional rights, including but not limited to freedom of speech, liberty, or due process. [Provide a clear explanation of how the plaintiff's claim infringes upon your constitutional rights.] 5. Res Indicate: The issues raised in this complaint have previously been adjudicated between the same parties or their privies, contributing to a valid claim of res judicata. [Provide detailed information regarding the previous litigation or claim that has already resolved the issue.] Considering the aforementioned grounds, I kindly request the honorable court to dismiss the plaintiff's complaint with prejudice and grant me the relief sought in this Motion to Dismiss. If the court deems necessary, I am prepared to provide additional written or oral argument supporting the dismissal of this case. I would be grateful if your office could inform me about any hearing or conference dates related to this matter. Thank you for your attention to this motion. I have also simultaneously provided a copy of this motion to the opposing counsel. I respectfully request the court's swift consideration and adjudication of this matter. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of the Court] [Address of the Court] [City, State, ZIP] Re: Case No: [Case Number] [Plaintiff Name] vs [Defendant Name] Dear [Name of the Judge/Presiding Officer], I hope this letter finds you in good health and high spirits. I, the defendant in the aforementioned case, am I writing to submit my Motion to Dismiss — Motion of Admission. I kindly request the court's prompt attention to this matter. Furthermore, I am filing this motion in response to the plaintiff's complaint, as I believe it fails to meet the necessary legal standards and substantiate a valid claim against me. The grounds for my Motion to Dismiss are as follows: 1. Lack of Jurisdiction: Upon reviewing the plaintiff's complaint, it is evident that this court does not have jurisdiction over the matter. [Provide detailed explanation supporting your claim of lack of jurisdiction, such as residency issues, improper venue, or lack of personal or subject jurisdiction.] 2. Failure to State a Claim: The plaintiff's complaint does not contain sufficient factual allegations or legal basis to support a valid claim against me. The absence of factual details and legal elements necessary to sustain a cause of action compels this motion for dismissal. [Quote specific sections of the complaint where the deficiencies exist and explain their insufficiency.] 3. Timeliness: The plaintiff's claim is time-barred, as it exceeds the applicable statute of limitations. [Provide specific statutes of limitations, and explain how the plaintiff's claim fails to meet them.] 4. Constitutional Violations: The plaintiff's allegations, if accepted as true, would infringe upon my constitutional rights, including but not limited to freedom of speech, liberty, or due process. [Provide a clear explanation of how the plaintiff's claim infringes upon your constitutional rights.] 5. Res Indicate: The issues raised in this complaint have previously been adjudicated between the same parties or their privies, contributing to a valid claim of res judicata. [Provide detailed information regarding the previous litigation or claim that has already resolved the issue.] Considering the aforementioned grounds, I kindly request the honorable court to dismiss the plaintiff's complaint with prejudice and grant me the relief sought in this Motion to Dismiss. If the court deems necessary, I am prepared to provide additional written or oral argument supporting the dismissal of this case. I would be grateful if your office could inform me about any hearing or conference dates related to this matter. Thank you for your attention to this motion. I have also simultaneously provided a copy of this motion to the opposing counsel. I respectfully request the court's swift consideration and adjudication of this matter. Yours sincerely, [Your Name]