Motion Sample Form
Any and All MOTIONS
Common Motions
Possible JUDGMENT, MEDIATION or SETTLEMENT is entered.
A TRIAL may occur when settlement is not reached.
| A Motion to Dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation. A Motion to Dismiss may be filed at any time during the litigation process. The party must state in detail why there is enough factual evidence and legal basis to have the lawsuit dismissed. A judge will review the motion to determine its merit, and if he or she determines there is not enough evidence or any legal basis to bring the suit any further, the claim will be dismissed. EXAMPLE - MOTION TO DISMISS Attorney
123 Main Street Anytown, US 12345 DISTRICT COURT OF ___________________
Pursuant to ________ Rules, Defendant hereby moves the Court to dismiss Plaintiff's Complaint with prejudice. The bases for this Motion are set forth in the accompanying Memorandum. Language will vary, but typically states something similar – a Memorandum is always accompanied giving the grounds for why you feel it should be dismissed. Dated this 1st day of January, 2010 Motion to Dismiss - 1 EXAMPLE - MEMORANDUM IN SUPPORT OF MOTION TO DISMISS Attorney
123 Main Street Anytown, US 12345 DISTRICT COURT OF ___________________
FACTS Plaintiff Joe Smith contracted with Defendant ABC Plumbing Inc to do basic plumbing repair at his residence at 100 Main Street on July 1, 2009. A written contract stating the terms of the agreement was agreed to and signed by both parties on the same day. On July 5, 2009, Defendant arrived at the Defendant's residence and performed all necessary work on the Plaintiff's bathroom and kitchen. On August 5, 2009, Plaintiff alleged that he was taken to County hospital to be treated for 3rd degree burns sustained from a fire in his bathroom. On September 1, 2009, Plaintiff filed a complaint stating he sustained the injuries from a faulty repair job performed by Defendant. This section will continue until all facts are stated. ARGUMENT I. Plaintiff's Complaint Fails To State a Claim Upon which Relief May Be Granted Plaintiff's claim must be dismissed because his legal claims are without merit. The injuries the Plaintiff sustained were a result of faulty wiring performed by himself or another company, and the plumbing work performed by the Defendant is in no way connected to the injuries. Procedural laws and statutes are typically stated in this section helping to support why the Plaintiff has no claim. Other arguments can be made such as lack of standing, lack of jurisdiction and other specific arguments tailored to the case. CONCLUSION For the reason stated above, Defendant's Motion to Dismiss should be granted. Dated this 1st day of January, 2010 Motion to Dismiss - 2
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