US Legal Forms
Legal Resources
Questions & Answers
Civil Actions
Where can I find an example of a motion to dismiss for lack of service?

Where can I find an example of a motion to dismiss for lack of service?

Full question:

I need a motion to dismiss for two charges. One for 166-16 based on the ticket never properly served and PL-240.26 based on hearsay-non physical contact, which motion do I need?

Category: Civil Actions
Subcategory: Dismissal
Date: 04/07/2025
State: New York

Answer:

We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the links below to see if they meet your needs or let us know if you would like us to draft a form to meet your needs. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the strategy of motion to dismiss?

The strategy behind a motion to dismiss is to argue that the opposing party's case lacks legal merit. This can be based on various grounds, such as insufficient evidence, lack of jurisdiction, or failure to state a claim. By filing this motion, you aim to have the court dismiss the charges before proceeding to trial, saving time and resources. It's essential to clearly outline the legal basis for your motion and support it with relevant facts and case law.

How do I argue against a motion to dismiss?

To argue against a motion to dismiss, you should present evidence and legal arguments that counter the claims made in the motion. This may include demonstrating that your case has sufficient merit, providing relevant facts, or showing that the court has jurisdiction. It's crucial to respond promptly and comprehensively, addressing each point raised in the motion to strengthen your position.

How do you argue a motion to dismiss in court?

When arguing a motion to dismiss in court, start by clearly stating the legal grounds for your motion. Present your arguments logically and support them with evidence, such as documents or witness statements. Be prepared to answer questions from the judge and counter any arguments made by the opposing party. Clarity and confidence in your presentation can significantly impact the judge's decision.

How to object to a motion to dismiss?

To object to a motion to dismiss, file a written response with the court, outlining your reasons for opposing the motion. Include factual and legal arguments that demonstrate why the case should proceed. Be sure to follow court rules regarding deadlines and formatting for submissions. You may also request a hearing to present your objections verbally.

Can you file more than one motion to dismiss?

Yes, you can file more than one motion to dismiss, but each motion must be based on different grounds or legal theories. However, it's essential to ensure that the motions are not redundant and that each addresses distinct issues in the case. The court may have specific rules regarding the timing and number of motions, so it's advisable to check local court rules.

What is the standard for a motion to dismiss for failure to state a claim?

The standard for a motion to dismiss for failure to state a claim is whether the complaint, when viewed in the light most favorable to the plaintiff, fails to allege sufficient facts to support a legal claim. The court will not consider evidence outside the pleadings and will only evaluate whether the claim, if proven, would entitle the plaintiff to relief. This standard is designed to weed out cases that lack a legitimate legal basis.