Motion for Dismissal

Status
Not open for further replies.

b6104

New Member
We have been served with a lawsuit that contains numerous errors - dates, people, references to bylaws, etc. These errors are so numerous we think we should move for dismissal of the lawsuit just on those alone. We know full well that it would probably be refiled but attempting to outline and correct these errors is a big task. Do you think a motion to dismiss would be in order or shall we just gut it out and outline the corrections in our answer?
 
It all depends on your rules of court and the nature and quality of the errors. You might simply file your reply denying the erroneous allegations, and move for summary judgment in your favour. The other side might refile and you might have to mount a substantial defence, but there's no point in doing their work for them.
 
Status
Not open for further replies.
Back
Top