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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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hello. My attorney has filed a motion to be dismissed. I

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hello.
My attorney has filed a motion to be dismissed. I would like to know if i can respond in support of her motion?
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

What type of case is it? Civil? Criminal?

Why do you want to write a response in support of her motion? What would you include that your attorney hasn't included in her motion?

Thanks
Customer: replied 3 years ago.

Civil.


i don't wish to get into detail. I would just like to know if I can do it.

Hi Lana,

You hired an attorney to advocate on your behalf in the lawsuit. If your attorney made a motion to dismiss the lawsuit, all of the legal reasons for the dismissal should be included in her motion. She should have gone over the motion to dismiss with you and you should have received a copy.

Usually, if there has been a hearing set to have the judge hear the motion to dismiss, your attorney will be allowed to present an oral argument to supplement her legal reasons and the facts that support her motion. You should be able to speak to your attorney before any hearing. You can discuss any facts/evidence that you believe should also be included in her oral argument to dismiss the case. She will advise you as to whether the issues you want to be heard are appropriate for the hearing on the motion to dismiss.

You will not be able to write a supplemental response in support of your attorney's motion to dismiss. The attorney is your "mouth piece" and advocate. As such, again, you will not be allowed to write a supplemental response.

If you have issues that you believe need to be included in your attorney's motion to dismiss, you need to discuss them with your attorney. If your facts/evidence/arguments are relevant to the motion to dismiss and they were not included, then your attorney may be able to file an Amendment to the motion to dismiss.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd and 3 other Family Law Specialists are ready to help you
Hi Lana,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd