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How do I write a MOTION TO DISMISS?


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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 Dismiss

In the County Court in and for XXXXX County, New York

XXXXX (Plaintiff) vs XXXX (Defendant)

Case#XXXXXX

Division XXX

MOTION TO DISMISS

I, XXXX XXXXX, respectfully request the court to grant this motion in the Defendant’s favor, based on the following:

Grounds for Affirmative Defense

Expired 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 name

address

phone #

certified copy to lawyer sent via mail on XXX

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