What is the difference between a motion and an order?
What is the difference between a motion and an order?
Generally speaking, a MOTION, is a request made to the Court to take some specified action or to compell a party to take some specified action, whereas an ORDER is the decree or decision of the Court.
What is the purpose of a motion to strike?
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party’s pleading to the court.
How do you respond to a motion for more definite statement?
The presiding judge will respond either by granting the motion or striking it from the record if it is found to be without legal merit. The motion must contain a point-by-point rebuttal, with each point numbered, and ideally should reference some case law in support of the motion.
What is a motion on the pleadings?
A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law.
How long do you have to respond to affirmative defenses in Florida?
Rule 1.140 – Defenses (a) When Presented. (1) Unless a different time is prescribed in a statute of Florida, a defendant shall serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.
What is a Rule 12 hearing in Massachusetts?
231, ยง 16. Rule 12(c) is designed to cover the rare case where the answer admits all the material allegations of the complaint (or the reply admits all the allegations of the counterclaim) so that no material issue of fact remains for adjudication.
How long do you have to respond to a motion to dismiss in federal court?
14 days
Do you have to respond to a motion to dismiss?
You do not have to file a response. However, you would be wise to do so as a motion to dsmiss , if granted, could end your suit. Motions to dimiss for failure to state a claim are rarely granted.
