![]() When ruling on a motion to dismiss, the judge generally must assu me that the allegations in the complaint are true, and with that in mind, evaluate the complaint to determine whether it is legally sufficient to support a claim against the defendant. ![]() ![]() What are the standards for granting a motion to dismiss? The plaintiff may also have the opportunity to address the court with arguments in opposition to the motion. Generally, at a motion to dismiss hearing, the defendant who filed the motion will be present and may have an opportunity to address the court and present oral argument. Make sure you follow the rules in your jurisdiction. Note that in many federal (and some state) courts, motions to dismiss may be decided solely “on the papers” without requiring an actual hearing with the parties.Įach jurisdiction has its own rules regarding motion procedures and requirements. What happens at a motion to dismiss hearing?Īt a motion to dismiss hearing, the parties will stand before a judge who will decide whether to grant the motion or deny it. Herb’s lawsuit is now dismissed and he cannot re-file it or another lawsuit based on the same set of facts. The judge grants the motion to dismiss with prejudice. Fran files a motion to dismiss arguing that the statute of limitations has already expired and that the claim against her is therefore barred. Plaintiff Herb sues Defendant Fran for breach of contract for failure to repay a $15,000 personal loan. In general, when a motion to dismiss with prejudice is granted, the plaintiff cannot re-file or file another complaint relating to the same events or set of facts. ![]() What is a motion to dismiss with prejudice?
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