INSTRUCTIONS : MOTION TO DISMISS
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.