It doesn't mean that you have to go to trial if someone has filed a lawsuit against you.The complaint may be missing an essential fact or claim necessary to create a cause of action under the law, it may have been filed in the wrong court, or you may not be responsible for the person's injuries.You might want to file a motion to dismiss.These motions do not need to be accompanied by detailed briefs.The basic deficiencies in the complaint can be covered in a simple motion.
Step 1: Search for forms.
You don't have to format the document yourself if you use a court-approved form.You can find forms for download on the state court system's website.Forms can be found on the websites of state legal aid societies.Paper forms can be found at the clerk's offices.
Step 2: Your page needs to be set up.
You need to use the correct size paper for court documents.State or local rules can be found on the court's website.There is a sample or document template that you can use as a guide.The standard 8.5 x 11 white paper has one-inch margins.The first page may have different margin specifications.You may be required to use a special paper with line numbers on the left-hand side.You can use the pleading paper templates in Microsoft Word.The footer needs to be set up so that page numbers can be printed at the bottom of the page.Double-space your text if you use a common fonts such as Times New Roman or Arial.Make sure you use black ink to print your document.
Step 3: Your caption needs to be created.
The caption for your document must be the same as the one for the complaint in the case.The names of the parties in the case, as well as the file number assigned by the court, are included with the caption.Everything is in the right place on the page if you copy the format of the caption.
Step 4: Title your motion.
A title that identifies the purpose of the document is required at the top of your motion.If you want the court to dismiss the case, you can include the reason in the title.The title is usually centered on the page.It can be bolded or highlighted.To get a sense of the style that court uses, check the court's rules or look at other documents filed in the same court.
Step 5: You can create a signature block.
Your signature block allows you to sign your motion and give you your legal name and contact information.You want to leave about four lines or two double-spaced lines for your signature.Make a black line and type your name below it.You should type your address under your name.You can include your phone number and email address.The line and space for you to write the date on which you signed the motion should be included in your signature block.
Step 6: As needed, add other pages.
Depending on the court, you may need to attach a certificate of service or a notice of hearing.The forms can be found in the clerk's office.Additional documents should be included if you found a packet of court-approved forms to use for your motion to dismiss.The same format is used for certificates of service and notices of hearing, but you have to include your name and address.The notice should not include the date and time of the hearing.When the hearing is scheduled, the clerk of court will fill those in.
Step 7: You should research the law that applies to your case.
The judge can dismiss the complaint against you if you have enough legal grounds.If you're early in the proceedings, your motion to dismiss will be for procedural reasons.The rules of civil procedure in your state will determine which of these reasons apply to your case.The website for your state court system can be used to access these rules.Information about jurisdiction can be found on specific court websites.The reasons for dismissing a lawsuit must be mentioned in your first filing with the court.The law that governs the claim must be looked at for more substantive grounds.If you were in a car accident, you should look at your state's personal injury law.A valid claim against you will be listed in that law.You have grounds to request that the judge dismiss the case if he or she fails to include one or more of those elements.It's possible that the complaint lists something for which there is no legal remedy.Suppose your neighbor sued you because you didn't say "good morning" to him when he passed by your house while you were sitting on the porch.Since there is no law requiring you to say "good morning" to your neighbor, his complaint fails to state a claim for which the court can award him damages.You might consider hiring an attorney to research and draft your motion if the legal research becomes too intense.Most states allow you to hire an attorney to perform unbundled legal services, in which he or she will conduct your research or draft your motion without taking you on as a client for full-scale representation.
Step 8: Your introduction should be written.
The first lines of your motion should include your name and role in the case, and what you are asking the judge to do.The first line usually begins "Come now the defendants," followed by your name.You state that you want the court to dismiss the complaint.You can write a line such as "In support of its motion" after this.Paragraph form is used as you lay out the reasons you believe the complaint should be dismissed.
Step 9: Go over the grounds for your motion.
The judge should dismiss the complaint if you use the information you've gathered from your research.You may want to reference the rule of procedure that the complaint violates if you're using a procedural rule.If your argument is that the complaint fails to state a claim, you should refer to the applicable law.You just have to check off the reasons that apply in your case if the forms include a list of reasons.Take the time to read each of the reasons carefully and mark each one that applies.
Step 10: Close your eyes.
You end your motion by asking the judge to dismiss the case after you've listed the reasons you think the complaint should be thrown out.The closing would usually say "For the foregoing reasons, the defendants respectfully request the court dismiss the complaint in this case."
Step 11: Take any documents with you.
If you have any documentation that supports your motion, you should submit it to the court.If your motion to dismiss is supported by an affidavit, you should sign it under oath.If you have been sued by your landlord for failing to pay your rent, you can include a copy of the canceled check or a receipt from the landlord as proof that the rent was paid.
Step 12: Go ahead and sign your motion.
You may be required to sign your documents in front of a public official.Make at least two copies of everything you plan to file with the court after you've signed and notarized your paperwork.One copy for you and one for the other party will be required.The originals will be kept by the court.
Step 13: Go to the clerk's office.
The case was originally filed in the clerk's court.If it is the first thing you have filed in the case, you will have a deadline by which to file your motion.The deadline is usually 20 days after the day you are served with the complaint and summons.You can find the deadline by looking at the summons or calling the clerk's office.After you are served with the deadline, write it down and make sure you don't miss it.To file a motion with the court, you will have to pay a fee.The fee is based on whether the motion is the first thing you file in the case.The fee for the first filing may be several hundred dollars, while the later motion fee is less than a hundred.You can apply for the court to waive the fees if you don't think you can afford them.The court will compare your income and assets to a set minimum threshold.If your finances fall below that threshold, you can have the fees waived.
Step 14: The other party needs to be served.
The other party must have notice of the action you've asked the judge to take.You can choose to have a sheriff's deputy or private process server deliver the motion to the other party.You can mail the motion using certified mail with a returned receipt requested.If you have the option of using certified mail, keep in mind that it will be the easiest and most cost-effective way to complete service.
Step 15: Wait for a response.
The other party has time to respond to your motion.The party has a certain number of days after you serve them with your motion to respond.If you serve them by mailing the motion instead of using a sheriff's deputy or other process server, the deadline may be extended.The period may be defined by the date of the hearing.If the other side is going to respond to your motion, it must be filed and served within a certain number of days before the hearing.If the lawsuit was filed in federal court, you must serve a response to your motion to dismiss no later than 21 days before the hearing of the motion is scheduled.
Step 16: Get ready for your hearing.
The judge will listen to arguments from both sides and make a decision based on the evidence presented.If you do get a response from the other side, you should use that to your advantage.You can address the points the other side plans to make if you know how they plan to oppose your argument.To support your claim that the case should be dismissed, organize the paperwork you've filed as well as any other documents you plan to present to the court.An outline is needed to plan what you will say to the judge.There are facts in the case that support dismissal.