If the defendant makes this motion, it might include affidavits from witnesses or other documents that would be admissible at trial to show his/her side of the story. You might also be able to ask the court to grant you permission (“leave”) to amend your petition so that you can add additional details that might be necessary to strengthen your defense to the motion to dismiss.Īnother possible reason that the other party could move to dismiss your petition is because s/he argues that the events you allege in your petition did not happen at all. So, you should be prepared to argue that your petition is has enough information to support your cause of action. Maybe you did not allege a change of circumstances to modify a custody order or you failed to include enough information about domestic violence when seeking a restraining order. the issue has resolved and there is no longer an existing controversy (moot).Ī motion to dismiss could be because the petition that you filed is not sufficient to support the relief that you are asking for.the statute of limitations has passed or.there is something wrong with the paperwork.the facts alleged do not support the cause of action.There are many reasons why a case could be dismissed before trial. Either way, how you respond to a motion to dismiss will depend on the reason why the other party or his/her attorney is making the motion. A motion to dismiss might be in writing or it could be made verbally in court.
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