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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111456
Experience:  Attorney experienced in commercial litigation.
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Educator Esq. ONLY I am checking practice Book to write the

Customer Question

For Law Educator Esq. ONLY
I am checking practice Book to write the motion for default you advice me to write, but it is only relating that plaintiff can write a motion for default against the defendant. Can the defendant write a motion of default against the plaintiff too?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

You are writing to ask the court to dismiss the plaintiff's claims against you, not really for default. So you would call yours a motion to dismiss the plaintiff's claims.

Customer: replied 5 months ago.
I wrote a motion to dismiss before this motion to strike and I marked it take paper, it was denied. Can I file a motion to dismiss again and when the motion to strike is pending?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
No, you have to wait on the motion to strike, but you can ask for a motion to reconsider the motion to dismiss while the motion to strike is pending.
Customer: replied 5 months ago.
I already filed a motion to reconsider the motion to dismiss and it was denied. That was before I filed this motion to strike. Should I just wait to see the decision on the motion to strike? Because according to the research I did on the motion to strike, all the three issues I raised are matters of Law and each one is a reason that a motion to strike can be granted. There was no objection to this motion to strike. If it is denied I will surely file an appeal.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

If each issue you raised is capable of being stricken, go ahead and file the motion to strike now, this way you can put it on the record so if that is denied you preserved that issue on appeal as well.

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