The following form is a Motion that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Vermont Motion to Dismiss for Misconduct of Police
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§ 1041 (i). The Vermont anti-SLAPP law allows a defendant to file a motion to strike the complaint, which the court will hear within 30 days unless good cause for an extension exists.
An anti-SLAPP motion typically triggers a two-step process, with the first step borne by the movant and the second step borne by the plaintiff. If the movant satisfies the burden of establishing that the speech is covered by the jurisdiction's anti-SLAPP statute, then the burden of proof shifts to the plaintiff.
Anti-SLAPP laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights.
The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
California has a strong anti-SLAPP law. To challenge a SLAPP suit in California, defendants must show that they are being sued for ?any act . . . in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue.? Cal.
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.
Anti-SLAPP laws provide defendants a way to quickly dismiss meritless lawsuits?known as ?SLAPPs? or ?Strategic Lawsuits Against Public Participation??filed against them for exercising their First Amendment rights.
Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.