This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.
Oregon Motion to Dismiss - Personal Injury
State:
Multi-State
Control #:
US-PI-0313
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Dismiss - Personal Injury?
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FAQ
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
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.
Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
Response to Motion (Other Than Motion For Summary Judgment) 14 days from service or filing of the motion, whichever is later.
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.
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.
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.
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.