lawsuit motion to dismiss complaint flaws

There is another type of Motion to Dismiss that could be filed later on in the case which could have serious consequences. If a Judge rules that the Complaint filed does not state a cause of action, or lacks merit, etc., the Judge will allow the Plaintiff's attorney to file an Amended to Complaint to correct the facts within the 'four corners of the complaint'. If a Motion to Dismiss has been filed the case does not move forward until there has been a hearing on the Motion to Dismiss. Many times the motion to dismiss is filed as a stall tactic for the defendant. Defense attorney's file Motions to Dismiss all the time. If a Motion to Dismiss is filed in your case, it is not the end of the world. The Complaint must set out the elements and the facts that support them so that the Court and the defendant can clearly determine what is being alleged in the complaint ('four corners of the complaint'). Some complaints are just poorly written, lacks merit or does not provide a short and plain statement of the facts and/or a cause of action. A Motion to Dismiss is based on legal arguments and the Judge can only look at the words in the Complaint ('four corners of the complaint') – there is no evidence presented. If the Complaint or Petition was served on the Defendant, a Motion to Dismiss must be filed within 20 days of service and prior to an Answer being filed.Ī motion to dismiss a Complaint must contain certain requirements and the relief sought must be in the Motion.

There are specific requirements as to when to file a Motion to Dismiss. Pursuant to Florida Rules of Civil Procedure 1.140 – a motion to dismiss is based on allegations of failure to state a cause of action. A motion to dismiss is a pleading that the defense attorney will file to try get your case or part of your case dismissed from the court.

Lawsuit motion to dismiss complaint flaws