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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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we filed a civil lawsuit and then received the defendants answer.

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we filed a civil lawsuit and then received the defendants answer. Along with the answer is a motion to dismiss the case. We now have to respond to the motion to dismiss. The opposing's party's reason is meant to try and twist and confuse the issue. What is the best way to respond to the motion or are their guidelines we can follow? We dont want to repeat the original lawsuit again.
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

An Opposition to a Motion to Dismiss isn't just repeating the statements in the Complaint. It should address all of the arguments raised in the Motion. Look at any cases they cite, and then look to see if you can find cases that say something different (the librarian may be able to help with this). If they have mis-stated and confused the issues in the case, you can say that, and you can even cite to the Complaint. But make sure to address every argument they raise.

A Complaint need only contain a short and plain statement of the facts showing entitlement to relief. If they're claiming that the Complaint is deficient, that may be the starting point. Also, in a Motion to Dismiss, the judge is supposed to read the Complaint and determine whether, assuming all of the statements it contains are true, it states a cause of action. That's the standard. It's pretty deferential to the plaintiff, because the law wants to decide cases on their merits when possible.

Because every motion is so fact-specific, there unfortunately aren't any forms online that would be useful. But if you can get to a law library, you should be able to find books that talk about opposing these motions and give some general outlines or examples that may help. Those books will also lead you to some cases you can use as a starting point in your research.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 2 years ago.
Thanks. We have access to lexis nexis so that will help.
The reasons they say refer to a separate document filed explaining all the arguments. So we need to outline it by addressing each argument, correct? It just seems to repetative. And one of the arguments is failure to state a claim. And there are 5 cases listed
Expert:  Lucy, Esq. replied 2 years ago.
It can be repetitive. It does sometimes feel like you're repeating the same arguments over and over. But, unfortunately, if you don't refute every argument they make, the judge can grant the motion. So it's important to at least touch on all of them and why they're not applicable.
Customer: replied 2 years ago.
So the best way to go about this is to take each item from the defendants "argument and citation of authority" for exampole a: Standard to granting a motion to dismiss under ocga 9-11-12(b)(6)
and then day we disagree and why?
Expert:  Lucy, Esq. replied 2 years ago.
That's usually how it's done. In some cases, you can group similar arguments together, rather than copying and pasting the same arguments.
Customer: replied 2 years ago.
one more question... we are pro se. We have 30 days to respond to the opposing parties motion to dismiss. What if we need more than 30 days to respond? Can we ask the courts to grant us more time because we are pro se or for any reason? We dont want to risk the courts granting the motion to dismiss so if requesting an extension of time is simply up to the judge then we dont want to risk the case but what are your thoughts?
Expert:  Lucy, Esq. replied 2 years ago.
You have the ability to ask for more time if it's needed. There are various reasons that a judge might allow it, such as a previously scheduled (and paid for) vacation, medical issues or things like that. If you asked for more time to help you find an attorney, you might get a few extra days. It unfortunately may not be enough just to say that you need more time because you don't have a lawyer and need time to do the research. The judge isn't really supposed to grant that sort preferential treatment to someone that doesn't have a lawyer. They may give some leeway on technical matters, but there would probably have to be some other reason to get an extension.

On the other hand, if the other party agrees, that will make it more likely that you can get extra time. Usually parties that are looking for more time start by asking the opposing party.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23632
Experience: Lawyer
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