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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF 186742010 X BAC HOME LOANS SERVICING, LP AKA COUNTRYWIDE HOME LOANS SERVICING, LP Index No. 186742010 NOTICE OF MOTION Plaintiff, against YASMIN EDWARDS,
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How to fill out a motion to dismiss?

01
Begin by carefully reviewing the complaint or legal document that has been filed against you. Make sure you understand the allegations being made and the legal basis for the case.
02
Consult the rules of civil procedure or local court rules in your jurisdiction to ensure that you understand the specific requirements for filing a motion to dismiss. These rules may vary depending on the court and the type of case.
03
Draft a heading for your motion to dismiss, including the name of the court, the case number, and the parties involved. This information is typically placed at the top of the document.
04
Write an introduction or opening paragraph stating that you are filing a motion to dismiss and the grounds on which you are seeking dismissal. This should be concise and to the point.
05
Outline the legal basis for your motion to dismiss in the body of the document. This may include arguments such as lack of jurisdiction, failure to state a claim, or improper service of process. Support your arguments with relevant case law or legal precedents.
06
Clearly state the relief or outcome you are requesting from the court. For example, you may be asking the court to dismiss the case with prejudice, meaning it cannot be re-filed, or without prejudice, meaning it can be re-filed in the future.
07
Include a conclusion or closing paragraph that summarizes your arguments and clearly states the relief you are seeking. Thank the court for considering your motion.
08
Sign the motion to dismiss and include your contact information, including your name, address, phone number, and email address. This allows the court to reach out to you if needed.

Who needs a motion to dismiss?

01
Defendants in a civil lawsuit may need to file a motion to dismiss if they believe that the plaintiff's complaint fails to state a claim, lacks legal merit, or if there are jurisdictional issues. Filing a motion to dismiss allows defendants to challenge the legal sufficiency of the complaint and seek dismissal of the case.
02
In criminal cases, the defense may also file a motion to dismiss if they believe that the charges against their client are not supported by sufficient evidence, there were procedural errors, or there are constitutional violations.
03
It is important to consult with an attorney or legal expert to determine if filing a motion to dismiss is appropriate in your specific case. They can guide you through the process and provide the necessary legal advice based on the facts and circumstances of your case.
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A motion to dismiss is a legal pleading that asks a court to dismiss a case for various reasons.
Either party involved in a legal case can file a motion to dismiss.
A motion to dismiss should be drafted according to the court's rules and procedures, and must state the legal basis for the request to dismiss the case.
The purpose of a motion to dismiss is to request the court to dismiss a case because of legal defects or lack of jurisdiction.
The motion to dismiss must include the legal basis for dismissal, relevant facts supporting the motion, and any supporting legal arguments.
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