Wednesday, February 8, 2012
What happens after a motion to dismiss is filed ?
I was recently served with a summons and complait and it stated that I need to "answer" it withen 20 days. I found out that In Indiana (my state) I can file a motion to dismiss because the plaintiff failed to attach a writted insrument or an assignment of contract to my summons and complaint. If I file this motion what will happen next ? Will I have to appear in court? do I still need to file a seperate paper as my "answer" denying the counts against me?What happens after a motion to dismiss is filed ?you still have to file your answer cause a motion to dismiss just means your asking the judge to dismiss your case based on whatever reason you gave him. it is up to him to dis miss or not. he can either grant your motion or deny your motion, either way you still have to file an answer
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