Hi and welcome to Just Answer.I am Ray and I will be the expert assisting you tonight.
You have a couple of options here to raise this issue.You can make a motion for partial summary judgment arguing that the other side failed to oppose this in their answer pleadings and that you entitled to a partial summary judgment on these issues.
Your other option would be to send admissions setting out that the other party has failed to raise this as an isue and asking that they admit to the issues.
Either of these options would allow you to get the other side to confirm that they are not contesting these issues.
A motion for partial summary judgment might be a good move on your part at this point.
Then the court would rule on the matter and hopefully award you judgment on these issues.That would limit their case at hearing.
They did not answer my claim that they did not use their correct legal name, probably because they did not. "
Is this grounds for dismissal of opposing parties claims? Because if I win my counterclaim, my judgement will be worthless with a nickname instead of a legal name.
So again you may make a motion to dimiss that the other party failed to use their correct name and failed to amend pleadings and correct it.
Yes it appears to be more of a dismissal kind of argument.You might be able to get court to agree and dismiss all of it or at least part of their claims.
See motion to dismiss here on the site below.
You want it dismissed with prejudice if you can get court to do so.
Opposing party failed to honor a contract that involved endangerment. I claimed such. They make a motion to dismiss because rule2.3 arcp requires that a criminal complaint must be signed by a prosecutor or made upon oath before a magistrate. My counterclaim is followed by "I delclare under penalty of perjury..." and filed with the court. I believe it was "made upon oath before a magistrate. True?
Here are the Rules of Procedure and Evidence.You will nee these for court and your motions.
In any case, I do not want the evidence dismissed, which was also dislosed. Am I ok onthis?
You can use this in your response to them here and seek to dispute the issues in their motion.
The court would then rule on the matter if you include this in your response.
By doing so you put it all in dispute.The court may set a hearing for oral argument on the matters.
Good advice. Wasn't the civil oj case simply retrying the murder in civil court?
It sounds like it well may be.You can respond here and should do so and seek to argue it.
I wish you good luck with all of this.You may want to print out the rules they come in handy in court for reference.
Thanks for letting me help you tonight.
Also make sure you read your local rules for your court.That way you aren't blindsided by something.
They are on the site I gave you above.
Thanks again good luck here.
Here is another good forms site for you.
Have a good evening.If you can leave a positive rating it is always much appreciated.
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