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Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
Satisfied Customers: 961
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.

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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.

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


Here you go

Customer: replied 4 years ago.

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

Customer: replied 4 years 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.

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: (memorandum of law)

Notice of motion statement of facts

Supporting affidavit

Dismissal order example
Seattle Scott and other Personal Injury Law Specialists are ready to help you
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.