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Second opinion] If all the...
Second opinion] If all the facts are true a true but they are not true can you file a motion to dismiss if you have the evidence to show the claims are inadequate
Submitted: 6 months ago.Category: Legal
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Answered in 4 hours by:
12/18/2017
Lawyer: Dwayne B., Attorney replied 6 months ago
Dwayne B.
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Lawyer: Dwayne B., Attorney replied 6 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Lawyer: Dwayne B., Attorney replied 6 months ago

No, a Motion to Dismiss is based on whether the court has jurisdiction to hear the case or not. However, there is a motion called a Motion for Summary Judgment which can accomplish what you want, although they are rarely granted and are fairly difficult to prepare and present.

The reason they are rarely granted is that even if there is a question as to whether something is true or not then the judge must deny the motion. You would have to absolutely and conclusively prove it is not true for the judge to rule in your favor in a Motion for Summary Judgment.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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