Thank you for your question. Please permit me to assist you with your concerns.A motion to strike & dismiss is a request from the judge to dismiss the case. What you need to do is file a document called a "Reply". Call it exactly what the initial Motion is called and add the words "Reply to" in front. If the attorney called his motion "Motion to Strike & Dismiss" then your document will be called a "Reply to Motion to Strike & Dismiss". You should be able to find templates for this reply in your local courthouse. You DO NOT need to pay a fee to file a reply, you just need to serve a copy of your reply to the courts and to the opposing party. You do have a time limit, you have 10 days to file your reply.Good luck.
Thank u 4 the answer. in regards XXXXX XXXXX 10 day time limit. I received this motion with a post mark date of May 25, 2013 at 8pm which was a Saturday and that Monday May 27, was Memorial Day. I did not receive this until Thursday May 30, 2013. My court date is June 13, 2013. What can I do. Are the weekends or Holiday days taken in considerations for the 10 day deadline?
Annie,10 days begins running from the date you received the document. If the 11th day falls on a weekend or holiday, then the period of time is extended until the next day the court is open. Otherwise the period of time is based on how long it took for you to receive it. If you received it on the 30th, you can argue that you had until today to respond (May had 31 days). That means you must file a reply today.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).