What could be the issues with filing a motion to dismiss without prejudice the morning of a trial for damages from a lease agreement ?
Country relating to Question: United States
State (if USA): Ohio
I filed a suit in municipal court for damages from a lease agreement. I am the plaintiff and the defendants hired counsel. There are no counter claims. I am not prepared and the counsel is going to play dirty and I know it since I am not familiar with the rules, etc.
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The function of a motion to dismiss, is to test the legal sufficiency of a complaint. The court is to stay within the four corner of the complaint and take the allegations as true. It is not a time to hear testimony or evidence but rather to determine if the case can proceed, based upon a valid cause of action(s). The motion to dismiss should be filed once the defendant is served with the complaint and if they filed an answer and waited until the day of trial, it may be too late for the court to hear their motion.Even if the motion to dismiss, without prejudice is granted, the Judge will normally give the plaintiff time to amend the complaint, so the problems can be fixed and the case can proceed.
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I am the plaintiff and I would be filing the motion to dismiss for reasons of not wanting to pursue at this time.
Thank you for the clarification. A plaintiff can file a voluntary dismissal with the court. If you do not want to pursue this at any time, you do not have to. Often times, this can be filed with the clerk of court and they will dismiss the case / close it out on your behalf. Notice would want to be sent to all the other parties involved and a copy to the Judge, so they would take this off their trial docket.
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