This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
In the state of Pennsylvania, a Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations is a legal tool used by defendants to request the court to dismiss a lawsuit filed against them due to the expiration of the relevant statute of limitations. This motion argues that the plaintiff failed to file their claim within the legally prescribed timeframe, and therefore, the court should dismiss the case. The statute of limitations sets a specific time limit within which a plaintiff must initiate legal action. If the plaintiff fails to file within this timeframe, their claim is considered time-barred, and the defendant can raise the defense of the statute of limitations as a basis for dismissal. There are different types of Pennsylvania Motion to Dismiss Action motions with prejudice based on the statute of limitations that can be raised: 1. Motion to Dismiss Based on Time-Barred Claims: This type of motion argues that the plaintiff's cause of action is barred by the applicable statute of limitations. 2. Motion to Dismiss Based on Expired SOL: This motion asserts that the plaintiff did not initiate the lawsuit within the statute of limitations period and, as a result, the claim is time-barred. 3. Motion to Dismiss Based on Equitable Tolling: Equitable tolling is a principle that suspends the running of the statute of limitations under certain circumstances, such as when the plaintiff is unable to bring their claim due to fraud, concealment, or other exceptional circumstances. In this motion, the defendant argues that equitable tolling is not applicable, and the case should be dismissed as time-barred. 4. Motion to Dismiss Based on Discovery Rule: In some cases, the statute of limitations may be extended if the plaintiff's injury/damage was not immediately evident or discoverable. This motion asserts that the plaintiff should have reasonably discovered the cause of action within the given timeframe, and their failure to do so renders the claim time-barred. It's important to note that if the court grants a motion to dismiss with prejudice based on the statute of limitations, the plaintiff's ability to refile the same claim in the future is permanently barred.
