How to Ask the Court for Something motions and orders to show cause If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause. The other side then has a chance to write court papers too. Then everyone comes to court and the Judge decides what to do.
Rule 12 b of the Federal Rules of Civil Procedure explains some of the grounds for a motion to dismiss. Defendants may give a number of reasons. The motion to dismiss is a written request that the judge end your suit, without you getting the chance to get discovery, or go to trial.
If you need more time, send the judge a letter explaining why and asking for a specific number of extra weeks. If you can, check the local rules to see if the court has any specific requirements for time extensions.
Chapter Seven explains in more detail how to research and write your opposition, so be sure to read it before you start working.
After you read the suggestions in Chapter Seven, you may want to try to read all of the cases that the defendants use in their memo. If you read these cases carefully, you may come to see that they are different in important ways from your case.
You should point out these differences. You can also try to find cases the defendants have not used that support your position. To support their motion to dismiss, the prison officials can make all kinds of arguments which have been dealt with in other parts of this Handbook.
They may say you failed to exhaust administrative remedies see Chapter Five, Section Aor that you cannot sue top prison officials who did not personally abuse you see Chapter Four, Section D. The prison officials may also argue against your constitutional claims. They might say that you failed to state a proper claim because the actions you describe do not deny due process or equal protection, or are not cruel and unusual punishment.
Your memorandum of law should respond to whatever arguments the government makes. Unfortunately, writing a memorandum of law requires quite a bit of legal research and writing.
Because time to do this research might be an issue for you, you can prepare for this memorandum before you even receive the motion to dismiss. Research cases that are both helpful and harmful to your case. There is a chance defendants will use some of them and you will have already done a lot of your research.
Defendants might point out something that is wrong with your case that you want to fix, instead of defending against the motion to dismiss.
Under rule 15 a of the Federal Rules of Civil Procedure, you have the right to amend your complaint once, as long as you do so within 21 days of defendants answering or filing a motion to dismiss.
If the defendants have already answered, or you have already amended once, Rule 15 allows you to ask the defendants to consent to you filing an amended complaint, or ask the court for permission to amend.
The judge must then ask: In making this decision, Courts are supposed to treat unrepresented parties, including prisoners, more leniently that people who are filing a suit with a lawyer. In considering a motion to dismiss, a pro se complaint should be held to less strict standards than a complaint drafted by a lawyer.
Motion Sample Form. A Motion to Dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation. Mesh Medical Device News Desk, April 11, ~ Judge Joseph Goodwin, overseeing more than , pelvic mesh product liability cases filed in his West Virginia court, will dismiss more than 13, non-revision Ethicon mesh cases, allowing them to be refiled if the woman undergoes an attempted mesh removal within five years. Motion papers consist of a top page called a Notice of Motion, followed by an Affidavit in Support of the motion, and copies of any documents that the moving side thinks would help the Judge make a decision. The party making the motion is called the movant.
It is important to remember in writing your opposition that defendants have to deal with the facts as you put them in your complaint. Usually all the prison officials are represented by one lawyer from the office of the Attorney General of your state. The name and office address of that lawyer will be on the motion to dismiss.
In some cases, after the parties exchange memoranda of law, attorneys for both sides appear before the judge to argue for their interpretation of the law. However, when dealing with a case filed by a prisoner pro se, most judges decide motions based only on the papers you send in, not on arguments in person.
In the rare case that a judge does want to hear argument, many federal courts now use telephone and video hook-ups, or hold the hearing at the prison.
The judge is more likely to appoint a lawyer for you at this stage of your case. If the judge does decide to dismiss your complaint, he or she must send you a decision stating the grounds for his or her action. The judge may or may not dismiss your case with leave to amend.
Either way, you can appeal from that decision. Part G of this chapter explains what else you can do if the court dismisses your complaint. One extension is usually automatic.
If your situation is urgent, write the court to explain the urgency and ask that the prison officials not get another extension. A motion to relate tries to combine your suit with others which the court is already considering.
Check out what the other suit is about, who is bringing it, and what judge is considering it. This could be a good or bad thing for you, depending on the situation.
Say clearly how your suit is different and why it would be unfair to join your suit with the other one. For example, the facts might get confused.Have you ever been curious about what it takes to get your novel or series turned into a movie or film franchise?
In today’s guest post, Robert Blake Whitehill, author of the Ben Blackshaw series, sheds some light on his experiences in getting his novels optioned. Dude, you had them pulling weeds and cutting grass.
Unless you have them doing straight up landscaping work (digging, rerouting water lines for a . Motion to Vacate a Judgment Written by: Kristy Welsh This is a sample motion to vacate a judgment.
The following is a sample motion to vacate a judgment. Most often, court appointed attorneys in Juvenile Court simply guide the parents through the hearings and advise them to sign a plea or stipulation of some kind, which implicates them as being guilty.
Martin Luther - Hitler's Spiritual Ancestor by Peter F. Wiener--Many of the Reformers were NOT the saints much of Protestant Church History paints them as.
This work reveals some of the dark side of the leading Protestant Reformer. If you get through the first hurdles, the next legal paper you receive from the prison officials may be a Motion to Dismiss your suit.
Rule 12(b) of the Federal Rules of Civil Procedure explains some of the grounds for a motion to dismiss.