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An opposition must contain, as part of the same document, a memorandum of reasons, including citation of supporting authorities, why the motion should not be granted.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
A written motion in a civil action is made up of a set of documents, including: Notice of Motion; ? Motion; ? Brief in Support of Motion; ? Affidavit in Support of Motion; and ? Other Supporting Documents. Other documents may be required, depending on the court rule and/or law that apply to the type of motion you make.
A motion to strike is used to eliminate an answer that is objectionable either on substantive grounds or on the ground that it is nonresponsive. Pickles, 364 Mass. at 399.
(i) Time for service of opposition All Oppositions must be served no later than 10 days after service of the Motion Papers.
The opposition to a motion shall be served within (A) 10 days after service of a motion other than a motion for summary judgment, (B) 21 days after service of a motion for summary judgment or (C) such additional time as is allowed by statute or order of the court.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders. (b) Amendments to Conform to the Evidence.