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This document serves as an official order from the Montana Department of Public Health and Human Services dismissing a Fair Hearing due to the claimant's failure to appear without good cause.
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How to fill out ORDER TO DISMISS FOR FAILURE TO APPEAR

01
Obtain the ORDER TO DISMISS FOR FAILURE TO APPEAR form from the court or online.
02
Fill in the title of the case at the top, including the case number.
03
State your name and contact information in the appropriate sections.
04
Provide a detailed explanation of why you believe the order to dismiss should be granted.
05
Include any supporting evidence or documents that may assist your case.
06
Sign and date the document.
07
File the completed ORDER TO DISMISS FOR FAILURE TO APPEAR with the court clerk.
08
Serve a copy of the order to all parties involved in the case.

Who needs ORDER TO DISMISS FOR FAILURE TO APPEAR?

01
A defendant who missed a court appearance and wishes to have the case dismissed.
02
An attorney representing a client who failed to appear in court.
03
Individuals seeking to clear their legal record after an absence from a court date.
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People Also Ask about

A motion to dismiss is a written request by a defendant asking the Court to dispose of some or all the claims raised in the Complaint before the case can move forward in the litigation process. The Defendant has 21 days to file an Answer, or otherwise respond to the Complaint.
Your attorney will likely submit a Motion to Dismiss your entire case. They will make arguments regarding how you were treated, how the evidence was handled, and whether the prosecutor can meet their burden of proof that you even committed a crime.
If the motion is granted, the plaintiff's case is dismissed, and the defendant is no longer required to respond to the complaint. However, the plaintiff may have the opportunity to file an amended complaint to address the deficiencies identified in the motion.
Once the court grants the Request for Dismissal, the case is closed, and the lawsuit is officially ended. It's essential to note that a dismissal can be with or without prejudice.
Many people wrongly believe that if they have a case dismissed then it automatically comes off their record. The fact of the matter is that the arrest will stay on your record unless you obtain an expunction or nondisclosure — legal mechanisms that allow your record to be destroyed or sealed.
A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.
Because it's one of the “12(b)” defenses, a motion to dismiss for failure to state a claim may be raised by motion filed before an answer. FRCP 12(b). Such motions are often made at the earliest stage of the case to defeat or limit a claim or to stall the case before proceeding to costly and time-consuming discovery.

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An ORDER TO DISMISS FOR FAILURE TO APPEAR is a legal document issued by a court to dismiss a case when a party fails to appear for a scheduled court hearing.
Typically, the court or a judge is responsible for filing an ORDER TO DISMISS FOR FAILURE TO APPEAR, though it may be initiated at the request of a party involved in the case.
To fill out an ORDER TO DISMISS FOR FAILURE TO APPEAR, include the case name, case number, details of the hearing, the reason for dismissal, and the signature of the judge.
The purpose of an ORDER TO DISMISS FOR FAILURE TO APPEAR is to officially terminate proceedings in a case when the accused or relevant party does not show up in court as required.
The information that must be reported includes the case number, names of the parties involved, date of the scheduled hearing, and any pertinent reasons for the dismissal.
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Fair Hearing dismissal Montana Department of Public Health claimant failure to appear Order to Dismiss public assistance administrative hearing

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