Author Question: What is a motion to dismiss? What supporting documents might the defendant's attorney file with ... (Read 77 times)

809779 · **on:** Aug 3, 2018

What is a motion to dismiss?

What supporting documents might the defendant's
attorney file with the motion to dismiss?

Question 2

Describe service of process on a corporate defendant.

Need some help with this.

mcni194 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

A motion to dismiss is a request to the court to dismiss the case for reasons
provided in the motion. Reasons for a motion to dismiss include: the plaintiff failed to state a claim for which relief could be granted, the defendant was improperly served, the court did not have jurisdiction over the case, or the statute of limitations had expired.
The defendant's attorney may want to attach one or more supporting affidavits sworn statements as to certain facts that may contradict the allegations made in the complaint. The defendant's attorney may also submit a memorandum of law (which is called a brief in some states), which will present the legal basis for the motion, citing any statutes and cases that support it. A supporting affidavit gives factual
support to the motion to dismiss, while the memorandum of law provides the legal grounds for the dismissal of the claim.

Answer to Question 2

In cases involving corporate defendants, the summons and complaint may be served on an officer or a registered agent (representative) of the corporation. The name of a corporation's registered agent and its business address can usually be obtained from the secretary of state's office in the state in which the company incorporated its business (and, usually, the secretary of state's office in any state in which the corporation does business).