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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6851
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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How to write an Order on a MOTION TO DISMISS TO STATE A CAUSE OF ACTION UNDER

Customer Question

How to write an Order on a MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION UNDER Rule 12(b)(6) SCRCP, and; SUBSEQUENT LACK OF STANDING TO BRING SUIT, AND;
LACK OF SUBJECT MATTER JURISDICTION UNDER Rule 12(b)(1)
I filed, and then court canceled time stamp and mailed back for my lack of including a Cover Letter and Order.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
Court should have filed the motion and then told you what kind of Order to prepare. One type would simply say that the Court, having reviewed the motion now grants same and this cause is hereby ordered dismissed. Another form would have findings as to each allegation of the motion and then a conclusion either granting, or refusing dismissal. You can find formats either on line or in other case files in the Clerk's office. Unfortunately, we are not permitted to actually prepare a legal document for you.

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