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Brent Blanchard
Brent Blanchard, Attorney
Category: Legal
Satisfied Customers: 1975
Experience:  Twelve years of experience in estate planning and probate, consumer bankruptcy, and business law.
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If my only action on a federal lawsuit files against me

Customer Question

If my only action on a federal lawsuit files against me was a motion for continuance, which the opposing is requesting be denied...can I file for a motion to dismiss?
Submitted: 6 years ago.
Category: Legal
Expert:  Brent Blanchard replied 6 years ago.
Thank you for your question.

The two are completely unrelated. A motion to continue relates to a hearing date or a trial date. Are you sure you talking about a motion to enlarge time to file an answer?

If a defendant does not answer the complaint, he or she (or it, if a corporation) will lose by default.

A motion to dismiss has be based on some legally-recognized reason to dismiss the case. One great example is if the claim is outside the applicable statute of limitations. Just be aware that those rules of "X years" for "Y claim" also include rules on when the clock starts ticking--most often through the "discovery rule". More rarely, if there are multiple defendants, one defendant can make a motion for just dismissal of all claims against that defendant.

A lawsuit is a serious thing. A person in that position must know the rules and procedures, and meet every deadline, or face losing the case not on the merits (who is right or wrong), but by not playing by the rules.

Thank you.


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