![]() ![]() ![]() If the defendant files a Motion to Dismiss the plaintiff’s attorney will review the motion and decide if it has merit. What Happens Once a Motion to Dismiss is filed? The Complaint is unenforceable due to defendants age or disability.The claim in question was previously resolved through bankruptcy.Either party does not have the legal capacity to be sued or there is a pending lawsuit between the two parties based on the same cause of action.The original Complaint was submitted to the court after the filing deadline.The assigned court does not have proper jurisdiction over the case.Other reasons providing a basis for motion to dismiss include: Going back to the assault example, if the plaintiff claims the defendant made an intentional act which caused apprehension of future offensive contact, without actually stating the facts of the act then the claim may be dismissed. This evaluation is not making any hard decisions on the truth of the factual evidence put forth in the plaintiff claim but instead is concerned with determining whether the plaintiff would be entitled to relief if all of the plaintiff’s allegations are assumed to be true.Īnother reason a motion of dismissal might be considered is if a Complaint fails to allege facts, and instead only puts forth mere conclusions. ![]() When considering a motion to dismiss the court will evaluate the complaint and review the allegations generally in support of the plaintiff. Here a motion to dismiss would be appropriate. If in this case, the plaintiff fails to allege the offensive action was intentional, the plaintiff has failed to put forward facts supporting the legal cause of action for assault. For example, in a civil assault case for proper cause of action to be established, there must be an intentional act directed towards the plaintiff that causes reasonable apprehension of imminent contact with the plaintiff. In this situation, we are looking at a motion to dismiss when the complaint fails to put forth allegations that present a legitimate cause of action. Improper Allegations or a Defect on the Face of a Complaint Below we will discuss examples from both categories. There are a number of reasons that the defendant might file a motion to dismiss, all of which can be separated into two categories: 1) Motion to dismiss based on some failure in the argument presented in the claim and 2) Motion to dismiss based on specific defects or defenses in the complaint. When is Filing a Motion to Dismiss Appropriate? Here, filing a motion to dismiss should be used sparingly. It is important to note that this time-frame and filing a motion to dismiss in general should exclude instances in which the court lacks jurisdiction or authority over the case. To be safe, a motion to dismiss to be filed within a reasonable amount of time after the grounds for supporting the motion becomes apparent. Generally, there is no specific deadline for filing the motion to dismiss, but as in most cases local jurisdiction and the timing of filing the initial Complaint affect the deadline for filing. When should a Motion to Dismiss be filed?Īs stated above, typically a motion to dismiss is filed at the beginning of a case, right after the Complaint is presented. The motion to dismiss suggests that there is a defect in the Complaint or some other affirmative matter, requiring the court to consider dismissing the case. Alternatively, the motion to dismiss can be filed by the defendant. The Answer also raises any affirmative defenses that would go against and defeat the allegations. ![]() Once a complaint is filed the defendant can file an Answer, which is the official response denying or admitting to the allegations put forth by the plaintiff. What Happens When the Complaint is Filed? In this article, we will discuss motions to dismiss in Iowa and the specifics surrounding the process and the other Motions that come into play when a motion to dismiss is brought forward.Ī lawsuit is initiated in Iowa by the Plaintiff filing an official complaint, which is a set of facts sufficient to bring forth legal action in order to obtain property, money, or enforcement of a right against another party, this is also known as a Cause of Action and refers to the reason the suit is being brought forward (IE battery, breach of contract, etc, etc.) The complaint basically puts in writing the allegations in the case that entitles the plaintiff to a claim against the defendant. ![]()
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