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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 37862
Experience:  I provide basic personal injury advice to my clients in my own practice.
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Defendant attorney sent me a motion to strike & dismiss. What

Customer Question

Defendant attorney sent me a motion to strike & dismiss. What must I do next. I do not want this case dismissed Do I respond, if so, how, do I return to the courthouse, will I have lto pay a fee, do I have a time limit to address this. This a tort personal injury case.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Dimitry K., Esq., Attorney
Satisfied Customers: 37862
Experience: I provide basic personal injury advice to my clients in my own practice.
Dimitry K., Esq. and 10 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

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?


Expert:  Dimitry K., Esq. replied 1 year ago.

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.

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