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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I received a copy of a motion to dismiss my complaint. Do

Customer Question

I received a copy of a motion to dismiss my complaint. Do I respond?
Submitted: 4 years ago.
Category: Legal
Expert:  Dave Kennett replied 4 years ago.
Dear Customer - You are not required to file a response however it generally helps if you do. Your response would be a legal memorandum stating why you have standing and why your complaint is sufficient. If you want to add the additional parties you can file an amended complaint and add the parties. If the motion to dismiss is granted it would most likely be without prejudice meaning you could refile within a year.
Customer: replied 4 years ago.

So, when the motion to dismiss has a return date of February 14th and "answering papers in opposition are to be served seven (7) days prior to the return date of this motion" I should answer with a memorandum?


And I could amend my complaint to add additional parties?

Expert:  Dave Kennett replied 4 years ago.
Yes, you need to explain why the motion to dismiss should be overruled by the court. Or you can submit an amended complaint adding the necessary parties if that is the issue. The civil rules are somewhat complicated and it is difficult to explain each and every possibility from this website. So the general response to a motion would be a memorandum arguing the opposite of what the motion is asking. I really can't be more specific.