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Topic: motions to dismiss, redux

Created on: 12/30/16 02:09 PM

Replies: 3

B3


Joined: 12/23/16

Posts: 28

motions to dismiss, redux
12/30/16 2:09 PM

After an indignant-but-greenhorn defendant/accused has already moved to dismiss based on lack of jurisdiction and based on failure to state a claim on which remedy can be granted (it was prior to finding Dr. Graves' wonderful course, so the format was all wrong and the style was too verbose and conversational and there was no notary public involved) and the judge summarily denied that messy motion, can the accused move AGAIN to dismiss, with all the right format and stamps, etc., based on one or more other of these 7 grounds being taught?

Or is it too late, and the motions to dismiss ship has sailed?

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B3


Joined: 12/23/16

Posts: 28

RE: motions to dismiss, redux
01/21/17 5:37 PM

I still have yet to figure out where to look for what the expectations are, in terms of timeframe/deadlines for the various pieces shown in Dr. Graves' flowchart.

This matter still has not gone to trial yet. Does that mean I still have time to file more motions? And is it OK to file multiple motions to dismiss? (for multiple reasons, of course)

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: motions to dismiss, redux
01/22/17 2:29 PM

Always refer to your local jurisdiction's rules for deadline times and other such matters ... just as my course urges you to do. Please study ALL of my course. The answers you seek are there, and the time you spend is for YOUR benefit.

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JING1


Joined: 08/12/17

Posts: 4

RE: motions to dismiss, redux
11/06/17 12:05 PM

Hello B3,
The answers are Yes, Yes , Yes. If you are representing yourself do not be afraid to file a motion you think will help. obviously , do your best and take the good info from the course to make the paperwork proper. Don’t be frivolous but don’t be afraid. If you read many appeals (I suggest reading appeals ) you'll find that its much worse to not try/do, than to object or motion badly. Not even trying to argue a point is the death nail of a appeal.
I have flushed out much information from the court and the opposing side by just doing. In my case if the magistrate can deny a motion she will. (She dislikes me very much) Though every time the opposing side submits memorandum or the magistrates denies for a deadline or rule, ect. I learn something I use next time. Sometimes much easier for them to give you the rule, statute or whatever their using to deny then to randomly go out into the great sea of law to look for the info yourself. And maybe they approve the motion! Hope you get the point I'm trying to make. Of course don’t be frivolous but if you need something to happen, motion for a order and let them shine a light on where the information is that pertains to that motion. One other thing, Don’t except what they say as fact. I found many of what they state to be false. So look up everything they say. I found once that the rule quoted by the magistrate did not to even exist. There not a smart as you might think. I found that most don’t really don’t know law, only procedure.
Hope it helps someone.

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