Motion to Dismiss - Litigation Education Sheet

We filed a Motion to Dismiss in your case? Here's some general information on what is a Motion to Dismiss.

Motion to Dismiss

 What Is It, Why Did We File It, and What Happens Next?

What is it?

A Motion to Dismiss is a motion we file attacking the other party's complaint. A motion to dismiss is usually filed because the offending complaint fails to allege enough facts to properly state a claim.

The motion is usually titled “Motion to Dismiss Plaintiff's (Complaint/Amended Complaint)”.

Why did we file it?

We file Motions to Dismiss when the other party's statement of the case lacks a crucial detail or allegation. This type of motion will usually NOT result in an outright win of your lawsuit, although in some cases it may be the first in a set of steps that could result in your case being dismissed. We filed this motion in order to clear up the foundation of the case, either because there was an inconsistency within the allegations or there was an allegation that was glaringly absent. The reasons we filed one in your specific case are contained in the document itself.

What happens next?

We will set the motion to be heard by a judge or magistrate, and the motion will be ruled upon at the hearing. The hearing date may be several weeks or several months from now, depending on when the attorneys and judge are all available.

If we prevail, then the complaint will be dismissed. In most cases, the other party will be given a certain period of time to amend their complaint in order to fix the problem. If the motion is denied, then we will move on to the next phase of the case – filing an answer and affirmative defenses.

You should take the time to read the Motion to Dismiss we filed in your case. If you have any questions after reading it, please leave a comment in MyCase or call the office at 941-400-8998 and we'll be happy to give you any extra information you might need.

Respectfully,

McKillop Law Firm

Our Family, Serving Yours

Current as of: 8/15/2017

McKillop Law Firm

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