Dear [Judge's Name], RE: Case No. [Case Number] I am writing in response to the motion filed by the opposing party seeking the dismissal of the above-mentioned case. After careful review and consideration of the arguments presented, I respectfully request that Your Honor denies the Motion to Dismiss and allows the case to proceed to trial. In support of my position, I would like to highlight the following key points: 1. Legal Basis: The opposing party's motion is based on [mention the basis of the motion, such as lack of subject jurisdiction, failure to state a claim, improper venue, etc.]. However, upon thorough examination of the relevant legal framework, it is evident that all necessary elements for the case to proceed have been satisfactorily met. 2. Supporting Evidence: The evidence submitted by both parties during the pre-trial proceedings, including [mention relevant evidence, such as witness testimonies, documents, expert opinions, etc.], supports the validity and merits of my client's claims. This evidence clearly establishes a prima facie case that necessitates a full trial. 3. Material Facts in Dispute: The opposing party incorrectly contends that there are no material facts in dispute, thus warranting dismissal. However, upon closer examination, it becomes clear that several crucial issues remain unresolved and require further judicial determination. The factual disputes include [list the specific material facts in dispute or point out factual contradictions]. 4. Legal Precedents: In support of my argument, I have compiled an extensive analysis of relevant legal precedents within the state of Oregon. These precedents demonstrate that cases with similar facts and circumstances have consistently been allowed to proceed to trial. Thus, dismissing this case would be inconsistent with established legal principles and could set a concerning precedent. In light of the above, I respectfully request that Your Honor denies the Motion to Dismiss and allows this case to proceed to trial. I firmly believe that a legal and just determination of the matter will only be possible through a thorough examination of the evidence and arguments presented during a trial. Granting the motion would deny my client the opportunity to fully present their case and could violate their fundamental right to due process. Thank you for your attention to this matter. I trust your wisdom, fairness, and competence in deciding this critical issue. Sincerely, [Your Name] [Your Law Firm Name, if applicable] [Address] [City, State, ZIP] [Phone Number] [Email Address]
Oregon Sample Letter for Court Order Denying Motion to Dismiss Case
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How to fill out Sample Letter For Court Order Denying Motion To Dismiss Case?
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FAQ
A dismissal refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte.
ORCP 54 E(1) provides that a party may, up to 14 days before trial, of- fer to allow judgment to be taken against it for a particular sum, inclu- sive or exclusive of attorney fees. If the offer is accepted, judgment is entered per the offer. Id. If the of- fer is rejected, the case proceeds to trial.
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
Stipulation to Dismiss Both parties have agreed (stipulated) to dismiss this case without prejudice certifying that: (a) This notice is the first dismissal filed by Petitioner in this case; and; (b) All costs and filing of service have been paid.
It means that all parties to the case (usually just a plaintiff and defendant) have mutually agreed that the case will be dismissed, and that they have additionally agreed that the dismissal is the final outcome of the matter and that the case cannot be refiled.
