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Motion for Dismissal Questions

What is a motion for dismissal?

A motion for dismissal seeks the court’s decision to dismiss a claim because, even though the claim is true as alleged, there is no stipulated law which offers legal remedy or recourse for that claim. A simple example to illustrate this would be a claim that the defendant failed to greet or acknowledge the plaintiff while crossing each other on the street. This would most likely be dismissed because the claim is not valid. The court would consider the truthful facts of the matter but may rule the claim does not require any cause of action as per any particular law. Motion for dismissal also arises if a claim is made after the statute of limitations has expired. If the dismissal is granted, the claim could be dismissed without any evidence being presented by the other party. In lay man terms, when a case is dismissed, it is referred to as “thrown out”. Listed below are a few questions answered by the Lawyers on issues related to motion for dismissal.

In Virginia, what would be an approximate estimate of an attorney’s fee to file for a motion for dismissal? Can a motion for dismissal be filed by the individual (pro se) or are the services of a lawyer necessary?

The fee would vary depending on where in Virginia you are located. Typically, attorney fees could vary from $500 to $1500. Urban areas could be more expensive.

In response to your second question, if the complaint names you personally you would have a right to represent yourself. In other words, a motion for dismissal can be filed “pro se”. It is not mandatory to be represented by an attorney.

After a motion for dismissal is granted, can the judge assign the attorney seeking the motion to prepare the final order?

After the conclusion of the motion hearing, the party or the party’s representative attorney in whose favor the motion was granted or denied would be assigned by the judge, to draft, prepare and submit a “proposed order” which requires the judge’s signature. Usually when one party prepares an order as directed by the judge, it is required to be sent to the opposing party for their approval. This would minimize any manipulations, exaggeration, negative influence, and so on by the party who has been granted the motion. Until the opposing party provides his/her approval, the proposed or final order cannot be submitted to the judge.

If a motion for dismissal is filed in federal court, is there a timeline by which the judge has to decide on a ruling? Can the judgment be a brief one or does it have to be at least a page long ruling?

There is no fixed time period or timeline within which the court is required to pass a judgment. They will pass a judgment or ruling when they reach the case and assess it to make a judgment. Even with the presence of a statute of limitations, unless the case is quite direct and simple which makes the ruling faster, the court would review the facts and evidence and take the time they need to make a decision. Since the court is required to provide reasons for their conclusion, a brief sentence would not suffice to explain this. Hence the ruling may be a page or more.

I would like to file a motion for dismissal for a traffic ticket in New York state. How do I go about this? I had requested a supporting deposition but it has not been sent.

It is not the duty of the court to educate people about the law or provide legal advice. If you want and need to file a motion for dismissal you would need to draft it and file it along with your reason for doing so. There are forms or formats of motion for dismissal available. However, the brief or reasoning behind the motion for dismissal would need to be drafted as per the situation and there are no forms to do that. An example of a simple motion requesting the judge to pardon or dismiss the action against you is as follows: "Comes now NAME, pro se, and moves the Court to dismiss the cause, and in support NAME files his Memorandum of Law". You are required to put the name of the court, name of the case and case number on the top. The title could state “motion to dismiss”. After this, you would need to elaborate the reasons why the court should dismiss the case against you. The reasons you state should be supported by a statutory law or a case law.

A motion for dismissal is a motion which allows a person to request the court to drop charges based on the fact that there was no law which was violated. Granting of a dismissal can be a relief to the accused and frustrating for the person making the claim. To understand whether you can file for a motion for dismissal, and choose the best course of action to take, consult with an Expert now.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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3 Lawyers are Online Now

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Tina
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JD, BBA Over 25 years legal and business experience.
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