nyyjrtw Posted September 25, 2007 Report Share Posted September 25, 2007 How do I write a MOTION TO DISMISS? I'm filing one because the statue of limitations has expired. Does anyone have a sample letter? Link to comment Share on other sites More sharing options...
daprez1963 Posted September 25, 2007 Report Share Posted September 25, 2007 Here is an example. It doesn't have to be all fancy. Straight to the point and assert your defense. You can add statutes (SOL) for your state. Ask for a hearing if needed. Motion to DismissIn the County Court in and for XXXXX County, New YorkXXXXX (Plaintiff) vs XXXX (Defendant)Case#XXXXXXDivision XXXMOTION TO DISMISSI, XXXX XXXXX, respectfully request the court to grant this motion in the Defendant’s favor, based on the following:Grounds for Affirmative DefenseExpired Statute of Limitations.Give a quick statement along with your state's statute/code concerning the time and support it with documents. If you don't have them, you will need them from the plaintiff and can show them at the hearing. usually the judge will have a hearing on this and not just grant a dismissal based on your request. The other side has the right to fight it. Thank you for your time,Your nameaddressphone #certified copy to lawyer sent via mail on XXX Link to comment Share on other sites More sharing options...
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