#MOTION TO DISMISS SEXAMPLE SERIES#

It is important to note that the insurance companies have a data base that gives them access to any prior claims you may have had. However, sometimes a Plaintiff simply may have just forgotten about prior treatment or accident and was not intentionally trying to hide information. The statement above asserted by the Defendant really makes the Plaintiff look like a liar. Not only did the dishonest begin prior to the filing of this lawsuit, but it went well beyond his deposition testimony, and even after being confronted with these prior treatments and complaints, the Plaintiff continued the calculated scheme by providing deceitful testimony. This deliberate and dishonest conduct far predated Plaintiff's deposition as he failed to provide his medical treatment providers related to this automobile accident with an honest representation of his prior medical issues and prior accident. Plaintiff deliberately provided false and deceitful testimony regarding her prior treatment history, prior injuries, and prior motor vehicle accident history to set in motion some unconscionable scheme to interfere with the judicial system's ability impartially to adjudicate a matter. The Plaintiff had many chances to correct his answer but he didn't.ĭefendant filed a Motion to Dismiss based upon Fraud on the Court which in summary stated: This was asked of him in the interrogatories and he did not disclose it and then was asked several times at his deposition - did he ever have a prior accident did he ever have any prior treatment – he said no.

The Plaintiff failed to disclose that he had prior treatment for his back from a previous accident. The Plaintiff answered the interrogatories and had his deposition taken. I will you give a sample as to why the defendant filed a Motion to Dismiss based upon Fraud. It is usually after the discovery process that the Defendant files a Motion to Dismiss based upon Fraud on the Court. The interrogatories and depositions are called the 'discovery process' of your case. The defense attorney now has a chance to ask you all these questions in person (your attorney will be there with you). Once the questions have been completed and sent to the defense attorney, shortly thereafter your deposition will be scheduled.

#MOTION TO DISMISS SEXAMPLE SERIES#

This Motion to Dismiss is filed after the defense attorney has the Plaintiff's Answers to Interrogatories, which are a series of questions regarding your accident, your medical history, employment, criminal background, etc. This Motion is called Defendant's Motion to Dismiss based upon Fraud to the Court. There is another type of Motion to Dismiss that could be filed later on in the case which could have serious consequences. If a Judge rules that the Complaint filed does not state a cause of action, or lacks merit, etc., the Judge will allow the Plaintiff's attorney to file an Amended to Complaint to correct the facts within the 'four corners of the complaint'. If a Motion to Dismiss has been filed the case does not move forward until there has been a hearing on the Motion to Dismiss.

Many times the motion to dismiss is filed as a stall tactic for the defendant. Defense attorney's file Motions to Dismiss all the time. If a Motion to Dismiss is filed in your case, it is not the end of the world. The Complaint must set out the elements and the facts that support them so that the Court and the defendant can clearly determine what is being alleged in the complaint ('four corners of the complaint'). Some complaints are just poorly written, lacks merit or does not provide a short and plain statement of the facts and/or a cause of action.

A Motion to Dismiss is based on legal arguments and the Judge can only look at the words in the Complaint ('four corners of the complaint') – there is no evidence presented. If the Complaint or Petition was served on the Defendant, a Motion to Dismiss must be filed within 20 days of service and prior to an Answer being filed.Ī motion to dismiss a Complaint must contain certain requirements and the relief sought must be in the Motion. There are specific requirements as to when to file a Motion to Dismiss. Pursuant to Florida Rules of Civil Procedure 1.140 – a motion to dismiss is based on allegations of failure to state a cause of action. A motion to dismiss is a pleading that the defense attorney will file to try get your case or part of your case dismissed from the court.

Motion to dismiss sexample