North Carolina Sample Letter for Court Order Denying Motion to Dismiss Case

• Category: Letters - Legal - Complaints
• State: Multi-State
• Control #: US-0199LTR
• 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] [Judge's Name] [Judge's Title] [North Carolina Court Name] [Court Address] [City, State, ZIP] Re: [Case Name], Case No. [Case Number] Dear Judge [Judge's Last Name], I am writing this letter in response to the Motion to Dismiss filed by the opposing party in the above-mentioned case. I represent the plaintiff in this matter and I respectfully request the court's attention to this letter. The purpose of this letter is to present arguments and evidence in support of our request to deny the motion to dismiss and proceed with the case. I will address each of the grounds mentioned in the motion and provide legal precedent and supporting facts to demonstrate why the motion should be denied. 1. Lack of Subject Jurisdiction: The defense asserts lack of subject jurisdiction in their motion, claiming that the court does not have the authority to hear this case. However, I would like to bring your attention to [cite relevant statute or case law] which clearly establishes this court's jurisdiction over matters of this nature. Furthermore, the facts and circumstances of our client's [briefly mention the subject of the case, e.g., personal injury claim] undeniably fall within this court's jurisdiction. 2. Failure to State a Claim Upon Which Relief Can Be Granted: The opposing party argues that our complaint fails to state a valid claim upon which relief can be granted. However, we firmly believe that our complaint meets all the necessary requirements stated in the North Carolina Rules of Civil Procedure. It includes a concise statement of facts and legal theories supporting each claim, and it provides clear delineation of the relief sought. Therefore, the motion should be denied as our complaint has established valid grounds for relief. 3. Insufficient Evidence: The defense further contends that there is insufficient evidence to support our claims. Contrary to their assertions, we have diligently gathered substantial evidence in the form of [list types of evidence, e.g., medical records, witness testimonies, expert reports]. This evidence, when presented and examined in court, will unquestionably establish the credibility and validity of our claims. Thus, the motion to dismiss on the grounds of insufficient evidence should be denied. In conclusion, I respectfully request that the court denies the opposing party's Motion to Dismiss. We have rebutted each of their arguments, citing relevant legal authority and providing evidence to support our position. We believe that proceeding with this case is crucial to ensuring justice for our client and to safeguarding the principles upon which our legal system stands. Thank you for your attention to this matter. Please inform us of any further instructions or scheduling updates. Yours sincerely, [Your Name] [Your Attorney ID, if applicable]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Title] [North Carolina Court Name] [Court Address] [City, State, ZIP] Re: [Case Name], Case No. [Case Number] Dear Judge [Judge's Last Name], I am writing this letter in response to the Motion to Dismiss filed by the opposing party in the above-mentioned case. I represent the plaintiff in this matter and I respectfully request the court's attention to this letter. The purpose of this letter is to present arguments and evidence in support of our request to deny the motion to dismiss and proceed with the case. I will address each of the grounds mentioned in the motion and provide legal precedent and supporting facts to demonstrate why the motion should be denied. 1. Lack of Subject Jurisdiction: The defense asserts lack of subject jurisdiction in their motion, claiming that the court does not have the authority to hear this case. However, I would like to bring your attention to [cite relevant statute or case law] which clearly establishes this court's jurisdiction over matters of this nature. Furthermore, the facts and circumstances of our client's [briefly mention the subject of the case, e.g., personal injury claim] undeniably fall within this court's jurisdiction. 2. Failure to State a Claim Upon Which Relief Can Be Granted: The opposing party argues that our complaint fails to state a valid claim upon which relief can be granted. However, we firmly believe that our complaint meets all the necessary requirements stated in the North Carolina Rules of Civil Procedure. It includes a concise statement of facts and legal theories supporting each claim, and it provides clear delineation of the relief sought. Therefore, the motion should be denied as our complaint has established valid grounds for relief. 3. Insufficient Evidence: The defense further contends that there is insufficient evidence to support our claims. Contrary to their assertions, we have diligently gathered substantial evidence in the form of [list types of evidence, e.g., medical records, witness testimonies, expert reports]. This evidence, when presented and examined in court, will unquestionably establish the credibility and validity of our claims. Thus, the motion to dismiss on the grounds of insufficient evidence should be denied. In conclusion, I respectfully request that the court denies the opposing party's Motion to Dismiss. We have rebutted each of their arguments, citing relevant legal authority and providing evidence to support our position. We believe that proceeding with this case is crucial to ensuring justice for our client and to safeguarding the principles upon which our legal system stands. Thank you for your attention to this matter. Please inform us of any further instructions or scheduling updates. Yours sincerely, [Your Name] [Your Attorney ID, if applicable]