![]() ![]() The statute of limitations has expired.If the circumstances require that it be filed in the county in which the defendant resides, and it was filed in a completely different county, there is no legal jurisdiction and the case must be dismissed. It’s possible that the person filing the complaint did not do so in the correct court. An attorney will be able to review this to identify any problems. If you have been served, it is important that you keep accurate notes of how it happened. Of the two, the second is the most likely. The summons was incorrect, or the summons and complaint were not served properly.Various flaws in the initial complaint can render a lawsuit susceptible to a Motion to Dismiss. ![]() Procedural reasons for a Motion to Dismiss Motions to dismiss often address either problems with the procedure of how the complaint was filed or weaknesses in the complaint itself. In simple terms, it is asking the court that the case be “thrown out,” and that nothing goes further.įiling a motion to dismiss is an opportunity for the defendant to defeat claims against them before a lot of evidence has been marshalled. It is usually filed immediately after the complaint has been served upon the defendant. If someone has filed a complaint against you, it does not mean that you must go before the court – but it does mean that you must respond.Ī “Motion to Dismiss” is one such response. ![]()
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