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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
Here is a sample motion to dismiss you will have to modify it.
motion to dismiss
I appreciate the chance to help you today.You file it here once you have filed answer.Court will set this and any other pretrial motions for hearing here.
You would have clerk file stamp original and a copy for your file.You can hand or mail the copy to the other party or their lawyer.No separate copy for the judge because he has court file with original in it.
You want to walk it by the clerk and have it stamped, usually the clerk is present in the court room but the clerk has file and it has to be filed.Go a few minutes early file it with clerk, you can ask if you are able to take file to the judge in the court room here.
The other party here is going to get time to respond.If you file it at the time court hearing is set you can file it but the other party will get at least 10 days to respond.
Thanks for the follow up.
I am going to opt out here for an NC lawyer, I gave you what I could find.Stand by please don't reply or rate,a new expert will pick it up.