how much for a lawyer to file motion to dismiss

What is a fee motion?

Fee motion means a motion, complaint or any other pleading seeking only an award of attorney's fees and related nontaxable expenses; Sample 1.

How do I file a motion to dismiss in California?

A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

What is the difference between a demurrer and a motion to dismiss?

A motion to dismiss might also be known as a “demurrer.” A demurrer is a written objection to a claim or claims in a complaint which alleges that even if all of the facts are true, there is no legal basis for the claim to proceed.

How do I file a motion to dismiss in Florida?

The basic requirements for filing a motion to dismiss in a criminal case include:Be in writing and signed by the party or party's attorney making the motion.State the grounds for the case.A copy of the motion must be served on the adverse party.Be sworn by the defendant.Be accompanied by a certificate of service.

Can you file a motion to dismiss in California state court?

Motions to dismiss assert that the plaintiff's claim is irrelevant or invalid, but usually not based on the facts of the complaint. Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing.

Can a defendant file a motion to dismiss in California?

Motions to dismiss ask the court to throw out a case in Los Angeles, California. Motions to dismiss can be used in either civil or criminal cases. Defendants can file a motion to dismiss in many situations.

When should demurrer be filed?

A general demurrer is typically filed in response to a complaint in the following scenarios: (1) the court lacks subject matter jurisdiction; (2) the facts pleaded in the complaint do not state a cause of action; and (3) declaratory relief is not necessary or proper at the time under all the circumstances.

What is an example of a demurrer?

Example: Gus files a demurrer to a complaint that accuses him of threatening Walter in violation of a statute that prohibits "criminal threats." Gus claims that the statute is unconstitutional because it infringes free speech, and that the complaint is therefore void.

Can a plaintiff file a demurrer?

Civil cases Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.

How many days do you have to respond to a motion to dismiss in Florida?

(1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.

Can you file motion to dismiss after answer Florida?

A motion to dismiss must be filed before the answer is filed. Motions to dismiss are substantively and procedurally distinct from voluntary and involuntary dismissals under Fla.

How long can a case be dismissed without prejudice in Florida?

Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.

When Can A Motion to Dismiss Be filed?

A motion to dismiss is usually filed at the very begin of the legal process, right after the plaintiff has filed a complaint. Instead of filing an...

What Are Some Reasons Why A Motion to Dismiss Can Be filed?

There may be various reasons why a motion to dismissed might be filed. A motion to dismiss is often filed for procedural reasons, such as: 1. One p...

Do I Need A Lawyer For Help With Pretrial Motions?

When dealing with a personal injury case, it is often necessary for the parties to deal with pretrial motions such as a motion to dismiss. These ca...

How to file a motion to dismiss?

The motion to dismiss procedure is comprised of the following steps: 1 First, the motion should be filed before filing an answer to the complaint. 2 The motion must be filed with the court and served on the other party. 3 The other party has the opportunity to respond to the motion. The deadline for responding can be found in the applicable rules of civil procedure. 4 The court will review the motion to dismiss and the response, viewing the facts and allegations in the complaint in a light most favorable to the plaintiff. 5 The judge will rule, and if the motion is granted the case may be dismissed with prejudice or without prejudice. The plaintiff has the opportunity to file their complaint again the case was dismissed without prejudice.

What is the procedure for filing a motion to dismiss?

The motion to dismiss procedure is comprised of the following steps: First, the motion should be filed before filing an answer to the complaint .

What is a motion to dismiss in a personal injury case?

For example, in a personal injury case claiming the defendant was negligent, the plaintiff must allege all of the elements of negligence. If the plaintiff’s complaint does not include an accusation that the defendant caused the harm to the plaintiff, the defendant might file a motion to dismiss based on the plaintiff’s failure to include ...

What happens if a plaintiff fails to name a necessary party in a complaint?

The plaintiff failed to name a necessary party in the complaint, or named the wrong party. The defendant might also file a motion to dismiss because the plaintiff failed to state a claim for which relief can be granted. In other words, the plaintiff has not alleged a valid cause of action or has failed to allege all of the elements required ...

What is the job of a personal injury lawyer?

It is important to hire an experienced personal injury lawyer to represent you. A lawyer’s job will include identifying whether to answer the complaint or writing a motion to dismiss and filing that with the court first.

When can a motion to dismiss be filed?

A motion to dismiss can be filed at any time. They are usually filed by defendants early on in the lawsuit, before they have filed an answer. Often a motion to dismiss is alleging that the claim should not proceed because of an issue unrelated to the facts. If the defendant answers the complaint they have waived their right to file a motion ...

Can a motion be dismissed without prejudice?

The judge will rule, and if the motion is granted the case may be dismissed with prejudice or without prejudice. The plaintiff has the opportunity to file their complaint again the case was dismissed without prejudice.

What is the purpose of a motion to dismiss?

The purpose of the motion to dismiss is to put your opponent to the test right away in the case, and to signal to the judge that she may have some weak claims. It’s like a game of “chicken.”. It costs money to play chicken with your opponent in a lawsuit.

What is a claim of fraud?

A: Take the claim of “fraud” that she has pleaded against you. Fraud is a pretty serious accusation. The available damages for fraud are greater. So the law compensates for that by making the plaintiff plead the facts and details of the alleged fraud much more fully and completely.

What is prima facie allegations?

Every claim requires the plaintiff to include certain minimum allegations in writing in the claim, which are called “prima facie allegations.”. Without those minimum allegations, she can’t proceed with that claim.

Can a plaintiff sue in court?

The law defines the available claims a plaintiff can and cannot bring in court. Those claims are the specific, pre-existing frameworks that a plaintiff must work within when preparing their complaint. If you can’t fit your facts and evidence into one or more of those frameworks, you can’t sue and win in court. Those are the rules.

Is a moral obligation a legal claim in a civil lawsuit?

Instead, she merely says you’re “morally obligated” to pay her. Moral obligation is not a legally-valid claim in a civil lawsuit. Our motion to dismiss would take aim at that claim to get it thrown out completely.

Can you sue someone if they can't fit their facts?

Those are the rules. C: So it’s basically that the law doesn’t allow you to try to fit a round peg into a square hole in suing someone. A: Essentially, yes.

Do you have to include all allegations in a prima facie case?

A: Yes , it’s closely related to the second one about prima facie allegations. Let’s say she does include all the minimum allegations in her claims. However, the law says that certain more serious claims require a plaintiff to provide lots of supporting facts and details, over and above the prima facie allegations.

When to file a motion to dismiss?

A motion to dismiss can be filed by either party in a case at any time during the proceedings, but it's usually filed by a defendant at the beginning of a lawsuit. This type of motion may focus on the facts and allegations in the complaint and any documents - called "exhibits" - that are submitted in support of the complaint.

What happens if a motion to dismiss is denied?

If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time. It's important to be aware that specific reasons for a case dismissal must be in the first document filed with the court, otherwise that issue is considered waived. The motion to dismiss must be filed with ...

What are the grounds for a motion to dismiss?

A motion to dismiss can be filed on a variety of grounds, which are based on legal deficiencies. Some common grounds for filing a motion to dismiss include: 1 Insufficient Service of Process: The complaint and summons weren't served properly. 2 Statute of Limitations Has Expired: Each state has "statutes of limitations," or time limits in which certain lawsuits can be filed. 3 Lack of Subject Matter Jurisdiction: In order for a court to rule on a case, it must have "subject matter jurisdiction ," the authority to hear a particular type of case. 4 Lack of Personal Jurisdiction: Similarly, a court must have "personal jurisdiction" over a defendant in order to make a decision involving the defendant. A court has personal jurisdiction over a party when he or she is a resident or has "sufficient minimum contacts" with the jurisdiction where the lawsuit has been filed. 5 Improper Venue: Even when a court may have personal jurisdiction over the parties, it may be the improper "venue," which refers to the specific location of the court (based on state laws). 6 Failure to State a Claim for Which Relief Can Be Granted: There are a variety of requirements with which a plaintiff must comply when filing a complaint, including a valid cause of action. A motion to dismiss may be granted if the plaintiff's complaint fails to adequately allege all of the elements of a claim or if the complaint fails to allege a measurable injury.

How long does it take to respond to a motion to dismiss?

The other party then has the opportunity to respond to the motion, usually within a couple of weeks. The judge will then review each side's motion, and give the court's decision at a predetermined hearing date.

Can a motion to dismiss be dismissed without prejudice?

Thus, it's generally difficult to prevail on a motion to dismiss. If it's granted, the case can be dismissed "without prejudice" or "with prejudice.".

What is a motion to dismiss?

A motion to dismiss basically allows the court to terminate a case before it begins. This decision is often based on the information (or lack of information) contained in the plaintiff’s original complaint. The complaint must state certain information ...

Why is a court dismissed?

The court will review the plaintiff’s complaint to determine whether it’s worth it for the court to proceed with a complete lawsuit for the conflict. Also, the defendant will want to make a similar review in order to determine whether or not they can file a motion for dismissal and have ...

What happens if you don't state your claim?

If any of these elements are not listed or adequately addressed in the complaint, the defending party will often file a motion to dismiss for failure to state a claim . This can help the defending party to obtain a ruling even without having to proceed any further with the legal process.

What happens if a complaint is not submitted properly?

If the complaint is not submitted properly, or if it lacks information, the defendant can often file a pretrial motion to dismiss in response.

How long do you have to answer a motion?

After the judge rules on your motion, you may have as little as ten days to file an answer if the case was not dismissed. [3] In federal court, you have 14 days to file an answer after the judge rules on your motion. Understand the reasons a complaint can be dismissed.

How to get a blank motion form?

1. See if your court has a pre-prepared or blank motion form. Many courts have pre-prepared forms for basic sorts of motions, or a blank form where you can put in your own motion language. Check at the clerk's office or on the website of your local or state court. [11]

What is the last paragraph of a motion?

The last paragraph of your motion is a concluding paragraph that states what you want the court to do. You want the court to dismiss the complaint and not allow the plaintiff to fix anything and refile, so you're going to ask the court to dismiss the complaint with prejudice.

What should each paragraph of a motion discuss?

Each paragraph of your motion should discuss a separate fact. In the example, your motion for failure to state a claim rests on the fact that the plaintiff slipped and fell on a banana peel left on the sidewalk outside your store. There's a city ordinance that says the city controls the sidewalks.

How to respond to a lawsuit against you?

1. Consider hiring an attorney. Before you respond to a lawsuit against you, seeking professional advice ensures you're interpreting the law and following procedure correctly. Although hiring an attorney can be expensive, you may lose a lot more if you try to file a motion by yourself and do it wrong.

How long do you have to serve a civil complaint?

Learn the rules of civil procedure that apply to your case. Generally you only have about 20 days to serve your response to a complaint filed against you, so you don't have time to learn all the rules of civil procedure. You do, however, need to understand the rule related to pleadings, answers, and defenses.

How long does it take to respond to a lawsuit?

If someone files a lawsuit against you, you have a limited period of time to respond – usually within a couple of weeks. If you think they filed in the wrong court, or don't have any legitimate reason to sue you, consider filing a motion to dismiss.

Probable Reasons to File a Motion to Dismiss

Generally, the reason to file a motion to dismiss is the failure of a plaintiff to state the claim for the reason a relief can be awarded. For instance, a person (plaintiff) can sue a defender against a personal injury on the basis of negligence.

Effective Tips to Write a Motion to Dismiss

Rules of your state or court laws can be intricate to comprehend to the non-lawyer community who want to represent their cases as prose. A common term used for people who fight their cases on their own, which means ‘on your behalf.

How can you file a motion to dismiss?

The most important thing in filing a motion to dismiss in its timings, you need to adhere to the deadlines to file a motion. Some other important factors in filing a motion to dismiss can be found in the civil procedures where the complaint has been filed.

How to respond to a motion to dismiss?

A motion to dismiss can be made in both ways, verbally and in writing. Either way, your response to the motion will depend on the reason why the defendant has filed a motion to dismiss. Here’s what you need to do.

How can an attorney help you with a Pretrial motion?

Certain procedural rules are there which you have to follow when you appear in the court as a personal injury or civil lawsuit plaintiff. It is always a good idea to have an experienced attorney at your side who can represent you in the best possible way with complete jurisdiction knowledge and familiarity with the court.

When is a motion to dismiss filed?

A Motion to Dismiss is often filed with the court at the earliest stages of the lawsuit, typically before either party has conducted their discovery. This is done when the defendant believes a claim in the lawsuit is legally invalid, or there are legitimate grounds for throwing the case out of court. When a Motion to Dismiss is filed, information ...

What happens if a motion to dismiss is granted?

If a Motion to Dismiss a civil lawsuit is granted by the judge, the lawsuit is immediately ended. Grounds for dismissal upon a motion are governed in each jurisdiction ’s laws. To explore this concept, consider the following Motion to Dismiss definition.

What happens if a plaintiff fails to provide sufficient facts?

If the plaintiff fails to provide sufficient facts to, if taken on face value as being true, indicate that the defendant violated a law, or caused harm or loss due to negligence, he has failed to state a claim for which relief can be granted. In other words, if the complaint does not clearly say what the defendant did wrong, the court cannot grant any form of relief, and so the case does not need to be heard. For example, there is a company policy that employees greet one another in a friendly manner at work. Joe files a lawsuit claiming that Bob failed to say hello in passing. Bob can file a Motion to Dismiss, as failing to greet another person is not illegal, therefore there is no claim for which relief can be granted.

How long does it take to dismiss a negligence case?

For example, if state law requires a plaintiff to bring a negligence case within two years of the date of the injury, and the plaintiff waits two years and two weeks, the defendant can file a Motion to Dismiss, asking the entire case be thrown out. If the court grants the motion, the plaintiff cannot be granted relief on the matter.

How to prepare a motion to dismiss?

A Motion to Dismiss is prepared through a Motion to Dismiss form. The Motion to Dismiss form is contains the information about the case and the reason that the defendant is asking for the case at hand to be dismissed. During a pretrial conference called by either party or the judge, a Motion to Dismiss can be presented.

What is a motion to dismiss?

A document filed with the court asking the judge to throw out certain claims in a civil or criminal case, or to throw out the case altogether, is called a “Motion to Dismiss.”. A Motion to Dismiss is often filed by a defendant immediately after the lawsuit has been served, but may be filed at any time during the proceedings.

Why did Bill Cosby make the motion to dismiss?

Additionally, Cosby points out that the comments were made in self-defense, and could therefore not be considered defamation.

Andy Wayne Williamson

There is not a motion to dismiss an attorney. Normally the attorney will file a motion to withdraw as your attorney. You should ask the attorney to file the motion. If he will it you could file a notice if discharge of you attorney and that you are proceeding pro se. Good luck.

Fred T Isquith

You can dismiss your attorney at any time and substitute yourself in or some other lawyer

Natalie F Guerra-Valdes

There's no such thing as a motion to dismiss your attorney. Contact your attorney and tell him/her you no longer wish to be represented by him/her. The attorney will then have to file a motion to withdraw as your counsel. The court will have to enter an order allowing the attorney to withdraw from your case...

justblue Well-Known Member

I have a felony criminal case pending and it is completely bogus. No crime was committed and the prosecutors are either intentionally framing what I have done as a crime or they are just really really stupid.

justblue Well-Known Member

Impersonation and identity theft. they are claiming that an online discussion page I made about someone is not a free speech protected discussion page but actually an IMPERSONATION page. That i'm pretending to be the person I am talking about instead of being a discussion page about them and related topics.

army judge Super Moderator

I wanted him to file a motion to dismiss due to lack of personal jurisdiction.

cbg Super Moderator

If you are looking for a law you can invoke by which you can force the lawyer to act as you want him to, there isn't one.

Zigner Well-Known Member

my question is not whether I can make a motion for personal jurisdiction. I know I can. My attorney says I can. He just doesn't want to file it until after the preliminary hearing.

justblue Well-Known Member

my question is not whether I can make a motion for personal jurisdiction. I know I can. My attorney says I can. He just doesn't want to file it until after the preliminary hearing.

justblue Well-Known Member

I have decided to represent myself pro se in criminal court in california.