I answered a Complaint, but then realized that it didn't state all the facts necessary to allege a cause of action against me...is there any way I can challenge it now?
2007-07-20 13:33:13 · 3 answers · asked by chrisatmudd 4 in Politics & Government ➔ Law & Ethics
I was really thinking more along the lines of a motion for summary judgment, without all the extra formalities of a summary judgment...motion to dismiss maybe?
2007-07-20 18:21:43 · update #1
never heard of it. contact the court and ask.
2007-07-20 13:53:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It probably doesn't even matter at this point. Where I am located, filing a demurrer doesn't cause the action to abate - instead, the plaintiff will usually be able to get leave from the court to amend his complaint. So really, trying to get the action dismissed just because the complaint is faulty isn't really worth it. If you think the facts just really aren't there, try it on its merits and then you never have to deal with it again!
2007-07-20 15:01:03 · answer #2 · answered by Bee 2 · 0⤊ 0⤋
Yes, you can file a motion to challenge their complaint but the procedure is going to be different.
Each state has its own rules of procedure, and then local court rules apply for some details.
2007-07-20 14:19:18 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋