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In a motion to dismiss in the State of PA. Do you have

In a motion to dismiss...
In a motion to dismiss in the State of PA.Do you have request a hearing on this matter or can it be a brief?I have filed motions for extensions in motions court and did not have to schedule anything, just let the other side know 3 days in advance.
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Answered in 4 minutes by:
8/8/2017
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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This is a very good question that you asked. You do not have to request a hearing on a motion to dismiss. If there are questions of fact or if there are issues regarding an argument that the judge may have, the judge themselves can order a hearing on the matter. The judge would tell the court clerk to mail both of the parties a document stating what date and time the hearing is and the reason for the hearing as well. You can always request a hearing to, but the judge does not have to approve a hearing. The judge in most cases will simply issue an order without having a hearing.

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Customer reply replied 6 months ago
I file a motion to dimiss, I let the other side know about it. I show up at motions court and present my motion, the judge then could settle it there or request a hearing on the matter?

Correct. Under rule 575, you can request a hearing on your motion and it's up to the judge to decide on whether one is necessary. If they do, they will schedule one. If they do not believe a hearing is necessary, a judge has the authority to simply rule on the motion. Did you have any other questions for me?

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Customer reply replied 6 months ago
what do most motions to dismiss do?

That's tough to say. It really depends on the law and facts in the situation. If a plaintiff dismisses their own case, then it's almost guaranteed. If a defendant wishes to dismiss, they have to make a compelling argument that the case is beyond the statute of limitations, that they are not the right party, or something substantial to that effect. If they are just saying that they don't believe the claims are meritorious, then the judge won't dismiss in their favor.

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Customer reply replied 6 months ago
res judicata case with statue of limitations. complaint filed in 2014 May, Verdict in July 2016. Complaint against a llc and owners. Owners were dismissed in the verdict in July 2016. Issue happen back in 2012 of April. Plaintiff could not collect on the LLC so they sued again on the Owners in April 2017 on the same issue that happen in April 2012 and the same complaint in 2014. Its almost word for word from the original complaint. They are pissed they could not collect on a llc that went out of business in 2014 June. 10 days after they filed the complaint in 2014.

I see what you mean. If that is the case, then res judicata is going to be a good basis to dismiss the case. i like the probability of a dismissal in that case.

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Customer reply replied 6 months ago
basically do the motion to dismiss and let the judge decide if he wants to hear more?

you got it. You can request a hearing if you would like to try to make your case in person, but it's up to the judge whether he or she will grant it.

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