Motion to Dismiss

10-22-2008, 10:16 PM

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Join Date: Sep 2008

Posts: 17

Motion to Dismiss

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

If I have raised an affirmative defense in my answer to a lawsuit (in this case SOL) can I go ahead and file a Motion to Dismiss on that cause now?

I have served them with my Answer, Interrogatories, Request for Admissions, and Request for Production of Documents and they have filed requests for time extensions on all of these. I don't want to drag this out for a year, but I suppose they don't mind.
So again, would it be proper to file a Motion now? And if not now, after they have finally complied with Discovery? If they fail to answer any of my discovery, do I have to file a Motion to Compel before any Motions for Dismissal or Summary Judgment?
Thanks! ... been a long time since I did any of this!

Last edited by cemlaw; 10-22-2008 at 10:21 PM.

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