Title your motion. Your title should tell the court what the motion is about. Here, "Motion to Dismiss" would be sufficient. You can add the grounds for your motion if you like. For example, if you were drafting a motion in the slip-and-fall case mentioned earlier, you could title it "Motion to Dismiss for Failure to State a Claim."
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· A motion to dismiss a bankruptcy case is a much more formal process and can be filed by the bankrupt debtor itself or an interested third party. When a debtor in a bankruptcy case is the party requesting dismissal, it usually cites a lack of assets and a likelihood that no plan for distribution of assets to creditors could be confirmed in the case.
The National Association of REALTORS has filed a motion to dismiss a class action lawsuit that was filed against the organization in March. The antitrust suit, which accuses the trade group of.
The motion asks the court to dismiss the case because the claims made, even if true, do not state a cause of action. The motion does not admit or deny the truth of the claims. If the court finds that the claims do not state a cause of action, it may allow the plaintiff/petitioner extra time to amend the complaint/petition or dismiss the case.
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Court rejects motion to dismiss former judge Guy williams’ public intoxication case Former District Court Judge Guy Williams.
A motion to dismiss has been filed by the group of credit repair companies sued by the CFPB in Utah federal district court.
Motions to dismiss as well as motions for summary judgment can win the case. But they also can pose risks or increase litigation costs and, in some cases, they can backfire to your client’s detriment. The reflex reaction of some litigators to make a motion to dismiss in virtu-ally every case is a bad habit, but probably not
Motions to dismiss and motions for summary judgment are types of dispositive motions. Rule 56, Federal Rules of Civil Procedure, is the rule which explains the mechanics of a summary judgment motion. As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine.
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