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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, : : : : : :Plaintiff, v. DOREEN HENDRICKSON, Defendant. Case No. 13cr20371: : :MOTION

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How to fill out motion to dismiss

01

To fill out a motion to dismiss, follow these steps:

02

Start by typing your name, address, and contact information at the top of the page.

03

Next, write the case caption, which includes the name of the court, the parties involved, and the case number.

04

Create a heading for your motion, such as 'Motion to Dismiss' or 'Defendant's Motion to Dismiss'.

05

Begin the body of your motion by stating the legal basis for your request to dismiss.

06

Provide a concise and clear statement of the facts supporting your motion. Include references to any relevant documents or evidence.

07

Support your argument with legal authority, such as statutes or case precedents.

08

Summarize your argument and clearly state the relief you are seeking, which is the dismissal of the case.

09

Sign and date the motion at the bottom.

10

Make copies of the motion for all parties involved in the case.

11

File the original motion with the court clerk, following any specific filing procedures required by the court.

12

Serve a copy of the motion on the opposing party or their attorney, according to the appropriate method allowed by the court rules.

13

Keep a copy of the filed motion and proof of service for your records.

Who needs motion to dismiss?

01

A motion to dismiss may be needed by:

02

- Defendants who believe that the plaintiff's complaint fails to state a valid claim or that the court lacks jurisdiction over the case.

03

- Defendants who believe that the plaintiff's complaint is legally insufficient or fails to provide necessary facts to support their claim.

04

- Defendants who believe that there are procedural issues or legal defenses that warrant the dismissal of the case.

05

- Parties in a civil lawsuit who wish to expedite the resolution of a case or avoid unnecessary litigation.

06

- Defendants who believe that the court lacks subject matter jurisdiction over the case or that the case should be litigated in a different jurisdiction.

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What is motion to dismiss?

A motion to dismiss is a formal request made to a court to dismiss a case. It argues that even if all the allegations in the complaint are true, there is no legal basis for a lawsuit.

Who is required to file motion to dismiss?

Typically, the defendant in a legal case is required to file a motion to dismiss if they believe the plaintiff's case has no legal merit.

How to fill out motion to dismiss?

To fill out a motion to dismiss, one must include the case name and number, state the grounds for dismissal, provide supporting arguments and legal citations, and include a signature and date.

What is the purpose of motion to dismiss?

The purpose of a motion to dismiss is to challenge the legal sufficiency of the opponent's complaint, seeking to dismiss the case before it goes to trial.

What information must be reported on motion to dismiss?

The motion to dismiss must report the case title, case number, specific grounds for dismissal, relevant facts, legal arguments, and a request for the court's ruling.

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