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Get the free Small Claims Motion to Dismiss

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This document is used in the Salt Lake City Justice Court for plaintiffs or defendants to request the dismissal of a small claims case with or without prejudice, as well as to serve notice to involved
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How to fill out small claims motion to

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How to fill out Small Claims Motion to Dismiss

01
Obtain the Small Claims Motion to Dismiss form from your local court website or office.
02
Read the instructions on the form carefully to understand what information is required.
03
Fill out the top section with your name, address, phone number, and case number.
04
Clearly state the reason for the motion to dismiss in the designated section.
05
Provide any supporting evidence or documentation that justifies the dismissal.
06
Sign and date the motion at the bottom of the form.
07
Make copies of the completed motion for your records and for the other party.
08
File the motion with the court clerk and pay any required filing fee.
09
Serve a copy of the motion on the opposing party according to local court rules.
10
Attend any scheduled court hearing if required to discuss the motion.

Who needs Small Claims Motion to Dismiss?

01
Individuals who have been sued in a small claims court and wish to contest the claim.
02
Defendants who believe that the claim filed against them is without merit.
03
Parties who have settled or resolved the issue outside of court but need to formalize the dismissal.
04
Individuals asserting that the court lacks jurisdiction over the case.
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A Small Claims Motion to Dismiss is a legal request asking the court to terminate a small claims case before it proceeds to trial, typically based on legal grounds such as lack of jurisdiction or failure to state a claim.
Generally, the defendant in a small claims case is required to file a Motion to Dismiss if they believe the claim is legally insufficient or if they have other valid reasons for wanting the case dismissed.
To fill out a Small Claims Motion to Dismiss, one must complete the appropriate court form with details such as case number, parties involved, reasons for the motion, and relevant legal citations, then sign and date the form before filing it with the court.
The purpose of a Small Claims Motion to Dismiss is to request that the court invalidate the plaintiff's claim against the defendant, thereby preventing the case from progressing to a trial.
Required information includes the case number, the names of the parties (plaintiff and defendant), the specific grounds for dismissal, and any supporting documentation or evidence that substantiates the request.
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