• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Motion to Dismiss

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Ray246

Member
What is the name of your state (only U.S. law)? MO

If a Motion to Dismiss is filed is that considered the "answer" to a Motion for Support or do I still have to file a seperate Answer to Motion within a certain time period in the event the Motion to Dismiss is rejected? Are requests for Dismissal usually decided on fairly quickly?
 


CJane

Senior Member
What is the name of your state (only U.S. law)? MO

If a Motion to Dismiss is filed is that considered the "answer" to a Motion for Support or do I still have to file a seperate Answer to Motion within a certain time period in the event the Motion to Dismiss is rejected? Are requests for Dismissal usually decided on fairly quickly?
The only Motion to Dismiss that has ever been granted in my case was granted AFTER the trial, the original judgment, the motion to reconsider, the new trial, and the issuance of the new judgment. Approximately 2 years passed in the interim.

An answer is always a good bet.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? MO

If a Motion to Dismiss is filed is that considered the "answer" to a Motion for Support or do I still have to file a seperate Answer to Motion within a certain time period in the event the Motion to Dismiss is rejected? Are requests for Dismissal usually decided on fairly quickly?
Keep ALL of your posts in one thread. Starting numerous threads is ridiculous. As is deleting your threads.
 

tranquility

Senior Member
What is your reason for filing a "motion to dismiss"?

If it was not because of some defect in the motion for support (even then I might question the term), you need to response to the motion. (Or, reply/answer. Whatever it is in Missouri.) But, you should keep all your posts in the same thread.
 

Ohiogal

Queen Bee
What is your reason for filing a "motion to dismiss"?

If it was not because of some defect in the motion for support (even then I might question the term), you need to response to the motion. (Or, reply/answer. Whatever it is in Missouri.) But, you should keep all your posts in the same thread.
Read the other thread where he got a bit ... testy.
 

Ray246

Member
Keep ALL of your posts in one thread. Starting numerous threads is ridiculous. As is deleting your threads.
This topic has no relation to my other thread and if someone had an interest in a Motion to Dismiss vs an interest in if the original Petioner is always the Petitioner this makes it easier to find. Who looking for informaion or to supply information on a Motion to Dismiss is going to look in my other thread? You obviously have a problem with me so why dont you do us both a favor and avoid my threads? I'm here looking for information not to be policed on how I should or shouldnt post.
 

tranquility

Senior Member
And yet, those who have been here a long time seem to feel differently. (Including one attorney who actually practices in the specialization you require.)

You will go far here Ray246. You'd be surprised at how judges don't like supplicants telling them how to run the courtroom. I am no judge here, nor are the others. We're just the ones who may, or may not, help you.

Good luck with your theories!!
 

Ray246

Member
Does my reasoning for starting a new topic in a new thread not make sense? I've never been in a forum where you were told not to start new threads for new topics. If you want to say it's because you want all the information about a poster contained in one place to make it easier to answer questions I can understand that and I am fine with that rather than to be called ridiculous and pointed out to everyone else what I did. To answer your question about why I would file a motion to dismiss it is because the last judgement is only about 30 days old and there have been no changes in circumstance since that judgement. Ex simply didn't like the outcome of that judgement but instead of filling an appeal filed a new motion which if isn't dismissed will cost me s lot more money to resolve.
 

TinkerBelleLuvr

Senior Member
Does my reasoning for starting a new topic in a new thread not make sense? I've never been in a forum where you were told not to start new threads for new topics. If you want to say it's because you want all the information about a poster contained in one place to make it easier to answer questions I can understand that and I am fine with that rather than to be called ridiculous and pointed out to everyone else what I did. To answer your question about why I would file a motion to dismiss it is because the last judgement is only about 30 days old and there have been no changes in circumstance since that judgement. Ex simply didn't like the outcome of that judgement but instead of filling an appeal filed a new motion which if isn't dismissed will cost me s lot more money to resolve.
What you just said was in the other thread. THAT little tidbit is why you keep everything in one thread.
 

tranquility

Senior Member
Does my reasoning for starting a new topic in a new thread not make sense? I've never been in a forum where you were told not to start new threads for new topics. If you want to say it's because you want all the information about a poster contained in one place to make it easier to answer questions I can understand that and I am fine with that rather than to be called ridiculous and pointed out to everyone else what I did. To answer your question about why I would file a motion to dismiss it is because the last judgement is only about 30 days old and there have been no changes in circumstance since that judgement. Ex simply didn't like the outcome of that judgement but instead of filling an appeal filed a new motion which if isn't dismissed will cost me s lot more money to resolve.
The reason it needs to be in the same place is that people will have different ideas of the facts. We have had huge discussions on matters among knowledgeable and experienced posters where each was thinking the other (usually competent) poster was an idiot. It was only when we find some posters was considering facts from another thread while other posters were just considering facts from the current thread did we find the other posters were not idiots, just working from a different fact predicate.

The OP always claims they are different and unrelated topics when, in fact, there is commonality. Same here. You are asking about a motion to dismiss on:
a motion to modify child support following a judgement she didnt like on a motion I had submitted to the court
right? How can you think the issues are not related and that fact could help provide context? I've gone through a few days of bald questions from people when I finally find out what they are trying to do and can sum up everything in a moment. Searching for an answer to the problem is different from getting a bunch of answers to what you think the question should be. Few here have enough legal training to answer specific questions without giving a lot of "it depends" or couching the answer with a lot of maybes--we are not keen on writing law review articles.

However, MANY have enough experience to help a tree-focused person to see the forest. You may just want the tree. The few who can give that to you with any assurance are less and less likely to do so with each etiquette violation that is fought over when gently instructed.
 

Ray246

Member
The reason it needs to be in the same place is that people will have different ideas of the facts. We have had huge discussions on matters among knowledgeable and experienced posters where each was thinking the other (usually competent) poster was an idiot. It was only when we find some posters was considering facts from another thread while other posters were just considering facts from the current thread did we find the other posters were not idiots, just working from a different fact predicate.

The OP always claims they are different and unrelated topics when, in fact, there is commonality. Same here. You are asking about a motion to dismiss on:
right? How can you think the issues are not related and that fact could help provide context? I've gone through a few days of bald questions from people when I finally find out what they are trying to do and can sum up everything in a moment. Searching for an answer to the problem is different from getting a bunch of answers to what you think the question should be. Few here have enough legal training to answer specific questions without giving a lot of "it depends" or couching the answer with a lot of maybes--we are not keen on writing law review articles.

However, MANY have enough experience to help a tree-focused person to see the forest. You may just want the tree. The few who can give that to you with any assurance are less and less likely to do so with each etiquette violation that is fought over when gently instructed.
I wasnt trying to fight over etiquette violations I was trying to explain why I did what I did. One decided to simply call my actions rediculous while you and Tinker were kind enough to at least tell me why they were viewed as rediculous. As I said in my other post I apologize for any disrespect or wasting of anyones time. I will keep to this thread if anyone has any futher input....thanks.
 
The general rule under federal law and in most states is that an answer does not need to be served until a motion to dismiss has been resolved and lost. For specifics about your state and time frames, I recommend looking here: http://www.plf.net/pro/mociv.htm

Check under the section on Pleadings and Motions.
 

stealth2

Under the Radar Member
I didn't think Ray got testy in his other thread. He explained WHY he deleted, and his reasoning made sense. It would have been simple to explain why we prefer to have all the info together, rather than calling him/his actions ridiculous. <shrug>
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top