In Houston, Texas, a Joint Motion to Dismiss is a legal document filed by parties involved in a lawsuit requesting the court to dismiss the case. It is typically filed when both parties agree that the lawsuit should be terminated without going through a trial or further legal proceedings. The joint aspect signifies that all parties involved, including the plaintiff(s) and defendant(s), collectively agree to the dismissal. The purpose of filing a Joint Motion to Dismiss is to inform the court of the parties' mutual decision to end the litigation, thereby saving time, effort, and resources for all involved. This motion signifies that the parties have resolved their issues outside of court or have reached a settlement. By filing this motion, the parties are essentially saying that the dispute has been resolved to their satisfaction or that further litigation is unnecessary. There can be various types of Joint Motions to Dismiss in Houston, Texas, depending on the nature of the case and the legal grounds for dismissal. Some common types include: 1. Joint Motion to Dismiss with Prejudice: This type of motion requests the court to dismiss the case permanently, meaning that the parties are barred from refiling the same claims or issues in the future. It signifies a final resolution of the dispute. 2. Joint Motion to Dismiss without Prejudice: In this instance, the motion seeks the court's approval to dismiss the case temporarily or on a conditional basis, allowing the parties to potentially refile the claims or issues at a later date. The dismissal is without prejudice, giving the parties an opportunity to revisit the matter in the future. 3. Joint Motion to Dismiss for Lack of Subject Jurisdiction: This type of motion is filed when the parties believe that the court does not have the authority or jurisdiction to hear the case. It asserts that the court does not have the legal power to rule on the specific claims or issues brought before it. 4. Joint Motion to Dismiss for Failure to State a Claim: This motion is filed when the parties argue that the claims made by the plaintiff(s) in the lawsuit do not meet the legal requirements to proceed further. It asserts that even if all the plaintiff's allegations are accepted as true, they still fail to establish a valid legal claim. 5. Joint Motion to Dismiss for Improper Venue: If the parties believe that the lawsuit was filed in an improper or inconvenient location, they can file a motion to dismiss the case. This type of motion requests the court to transfer the case to a more appropriate jurisdiction or venue. It is important to note that the availability and applicability of these different types of motions may vary depending on the specific circumstances of each case and the relevant laws governing the jurisdiction.
Houston Texas Joint Motion to Dismiss
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Under new Rule 91a, a party may move to dismiss a cause of action that has ?no basis in law or fact.? A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, ?do not entitle the claimant to relief.? A claim has no basis in fact if ?no reasonable person could believe the
While learning how to get a criminal case dismissed, one of the most commonly sought out grounds is a lack of evidence against you. It might also turn out the evidence was illegally obtained. Either way, your lawyer can file a motion to dismiss based on these facts.
The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action
Under new Rule 91a, a party may move to dismiss a cause of action that has ?no basis in law or fact.? A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, ?do not entitle the claimant to relief.? A claim has no basis in fact if ?no reasonable person could believe the
DISMISSAL BY STATE'S ATTORNEY. The attorney representing the State may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal.
A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
You should say the following: ?Your Honour, I am making an application to cancel a Default Order or Dismissal Order.? The Judge may then ask you some questions to ensure that you have brought the application as soon as possible and that there is a defence or claim which might be successful.
Rule 91a ? Motion to Dismiss A Motion to Dismiss under Rule 91a must identify each cause of action the party seeks to dismiss and must specifically state the reasons the cause action has no basis in law or fact. served on the movant. o The Motion to Dismiss must be filed at least 21 days before the motion is heard.
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Nos. 2 & 5-6); and its motion, dated February 24, 2011, to dismiss as to defendant's duty to defend (Dot. No. 2-8×. Respond to the motions. In support of either motion, defendant must establish the following: The Motion was properly granted and not otherwise appealed; The motion was not timely granted, not adequately supported, or made at an excessive amount of expense; The Motion was not based on an erroneous legal duty; The Motion was made in good faith. The court has authority to rule on motions and issues before it to resolve any issues concerning this case or any matter pending before it. For more information about moving the court, click here. The filing fee will be 300. The clerk must notify you, within 30 days of your filing and notice, if the court will be issuing a “Motion to Dismiss” as is provided above. The clerk will provide another form to complete.
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