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Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
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Experience:  I have 25 years experience as a Washington State Personal Injury Attorney
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NJ Motion to Dismiss Based on SOL expiring.

Resolved Question:

I am an Atty in NJ looking for a template for a Motion to Dismiss based on the Statute of Limitations having run. The action is time barred.

Submitted: 7 months ago.
Category: Personal Injury Law
Expert:  Seattle Scott replied 7 months ago.

I will start looking. This will be a summary judgment motion since it is a dispositive motion - will end the case.

 

Here you go http://www.judiciary.state.nj.us/prose/10544_jdgmt_dismiss_wotrial.pdf

Customer: replied 7 months ago.

Actually, I may have been mistaken. It might be a SJ motion. I will wait to see what you have.

Customer: replied 7 months ago.

I do not think I can use this.I need a motion before even answering the Complaint. Also, I had stated a preference that the template from the judiciary's website not be used. I do appreciate your efforts, but I do not think this is what I am looking for.

Expert:  Seattle Scott replied 7 months ago.
If simple facts and no dispute as to which SOL applies, then the court form should be fine. If some complicated facts and law, then perhaps use these as models:

www.eff.org/files/filenode/wikimedia/motiontoquashmemo-wikimedia.pdf (memorandum of law)

Notice of motion http://njlawconnect.com/wordpress/wp-content/uploads/2013/04/Notice-of-Motion-for-Summary-Judgment.pdf

http://njlawconnect.com/wordpress/wp-content/uploads/2013/04/Statement-of-Material-Facts-Summary-Judgment.doc.pdf statement of facts

Supporting affidavit http://njlawconnect.com/wordpress/wp-content/uploads/2013/04/Affidavit-Summary-Judgment.pdf

Dismissal order example http://njlawconnect.com/wordpress/wp-content/uploads/2013/04/Order-Dismissing-Complaint.pdf
Seattle Scott, Attorney
Satisfied Customers: 695
Experience: I have 25 years experience as a Washington State Personal Injury Attorney
Seattle Scott and other Personal Injury Law Specialists are ready to help you
Expert:  Seattle Scott replied 7 months ago.
Keep in mind that SOL is an affirmative defense so you can't do a motion to dismiss for failure to state a cause of action in the Complaint. In other words, the Complaint states a cause of action, but the affirmative defense is that the SOL has run. Your SJ motion to dismiss will not be in some special format just because you are moving before answering.

If you are not representing yourself, and it is clear the SOL has run, send a letter to plaintiff's attorney telling him/her to dismiss or you will move for dismissal on the SOL defense and request fees based on frivolous suit.

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