How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32322
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I am looking Motion to Dismiss due to lack of subject matter

Customer Question

I am looking for sample Motion to Dismiss due to lack of subject matter jurisdiction
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Louisiana
JA: Have you talked to a lawyer yet?
Customer: Pro se litigant
JA: Anything else you think the lawyer should know?
Customer: Not really.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I can give you a link to a couple of pages that have a variety of forms on them including a Motion to Dismiss. I didn't see one that was specifically on dismissing due to lack of Subject Matter Jurisdiction but that's just a matter of citing the rule under which you are seeking dismissal and then adding the facts.

You can actually use a Motion to Dismiss from any state, they look about the same everywhere and Louisiana has "liberal pleading rules" which means the judge doesn't really care what it looks like so long as the motion itself explains what you want and why. If you can find one for another state then you just change the court info and the specific state info.

This first link has a lot of different ones, the second one is from Delaware.

As you can imagine, Louisiana doesn't have that many forms online.

http://www.findforms.com/search.php?q=Dismissal&category=Court+Forms+-+Local

http://courts.delaware.gov/forms/download.aspx?id=45678

I can also give you a top about what lawyers do when they need a form (it is what I did when I first got out of law school). You go to the clerk's office and look for cases that have had a Motion to Dismiss filed by an attorney and then use that for a guide. You may have to look through a number of files but the clerks should be able to tell you which cases have had Motions to Dismiss filed. Of course, the bigger the city the more likely that you will find a case on point.

At this link is an order on a case in federal court in Louisiana. You can look this specific case up in the clerk's office and then get a copy of the motion from the clerk. You may even be able to get them to send it to you by ordering it over the phone although you will have to arrange payment. http://www.naacpldf.org/files/case_issue/Order%20-%20Motions%20to%20Dismiss.pdf

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.