A motion to dismiss is a legal pleading that asks a court to decide a case in favor of the pleading party because no legal claim exists, even if the facts are true as stated by the plaintiff. The motion to dismiss is used by defending parties who are trying to have the case thrown out in the early stages of litigation.
In this case, we are using the motion to dismiss a protection order example used in the state of Colorado. Examples of motions can also be found online or through legal help services.
1. The first step for filling out your motion to dismiss is to include the case caption information on the top page of the motion, indicating the plaintiff’s name, followed by the defendant name or names.
2. Next, you must identify the court, by indicating the type of court and the address at the top of the caption, followed by the case number and the division and room of the court your case is being heard.
3. Once the case caption information is filled out, you must indicate for what type of restraining order you are attempting to dismiss.
4. Next, identify the details about the order for which you are requesting dismissal. Provide your status, the name or names of those protected by the order, and list the reasons for your request.
5. If you do not have enough space to state your reasons for the motion, you can attach additional pages to the motion to dismiss to the front page.
6. If you are the restrained person, you must certify the boxes indicating you have fully complied with the restraining order and by doing so, qualify for the motion to dismiss.
7. Date and sign the motion to dismiss at the end of the form.
8. A notary or a deputy clerk must certify the motion to dismiss and must sign, date, and stamp the motion at the bottom.
9. If you will be required to appear for court, the motion will be returned to you and it will indicate the time and place of any court hearings that will determine the status of your motion.
A motion for summary judgment is a legal pleading filed in a civil court case that makes a request of the court to rule on a legal or factual issue based upon the submitted legal documents. This has the effect of halting a case before going to trial.
In this case, we are using the motion for summary judgment example used in the state of New Jersey. Examples of motions can also be found online or through legal help services.
1. The first step for filling out your motion for summary judgment is to include the case caption information on the top page of the motion, indicating the plaintiff’s name and contact information, followed by the defendant name or names and their contact information.
2. Next, you will need to provide the court information, including the name of the court and the docket number of the case.
3. Next, indicate whether you want to request an oral argument for your summary judgment motion. (Most summary judgment motions do not need oral argument, unless there is additional information you want to put in front of the judge that is not included on previous filings.)
4. In the next blank spaces, put the county name, address of the court, and the zip code, indicating where the case is being heard.
5. Date and sign the second page, under the notification statement.
6. You must next certify that service of the motion for summary judgment has been affected. If you are affecting service, sign and fill out all of the mailing information. If you use the service of a 3rd party, they must certify that they affected notice upon the opposing party and sign their names.
7. Although not mandatory, you may attach additional pages indicating your reasons for summary judgment and any supporting information that will help the judge decide. Each page must include a copy of a certification at the bottom, indicating that you have are certifying to the truth of the statements made in the motion.
8. Once the summary judgment motion is completed and sent to opposing parties, you may submit the form to the court for which the case is being heard.
