Federa Court Procedure Question

[miccar]

If a defendant files a Motion To Dismiss before he files an answer to the Plaintiff's complaint, is that motion properly before the court?

 

[army judge]

I suggest you research the FRCP, if this is a civil case.

There are certain instances (albeit rare), where you can move for summary dismissal, without attacking the merits.

One example would involve jurisdictional questions, another notice, another proper forum, etc...

Federal courts are very procedurally oriented.

Proceed with caution.

You rarely get a second bite at the apple, as in being allowed to cure a defect or improper pleading.

 

[army judge]

Tell me you're not appearing before my good friend, Judge Smith!
Is this in Waco?
If you are, be very precise.

 

[miccar]

No sir, I am In Judge Lee Yeakel's court. Magistrate Judge, Robert Pitman is doing the Preliminary filings. I appreciate his confidence in me but I wish he would appoint me an attorney. Thank you for taking the time to get back to me on this.