In this article...
In this article, we cover what happens in Wisconsin litigation cases, including the following: The Basics of a Motion to Dismiss, Justifications for a Motion to Dismiss, What is the Process for Filing a Motion to Dismiss?, Making a decision on a Motion to Dismiss, and Is it Necessary to File a Motion to Dismiss?
You were in a car accident a while ago that didn't seem to do any harm to the other car or driver, but now the other driver has sued you. You don't deny that you were involved in the crash, but you don't think the lawsuit's allegations are true. Although you can battle the case in court, it will take a significant amount of time and resources. So, do you have another choice, you may wonder? To dismiss, you could draft a motion. Although filing a motion to dismiss is not a reasonable choice for all defendants, and there is no assurance that it will be granted, there are a number of reasons why you would want to do so.
In this article, we cover what happens in Wisconsin litigation cases, including the following:
- The Basics of a Motion to Dismiss
- Justifications for a Motion to Dismiss
- What is the Process for Filing a Motion to Dismiss?
- Making a decision on a Motion to Dismiss
- Is it Necessary to File a Motion to Dismiss? To learn more, speak with a lawyer.
The Basics of a Motion to Dismiss
A motion to dismiss can be made by any party in a court at any point during the trial, although it is most often filed by the defendant at the start of the case. This form of motion can concentrate on the facts and allegations in the complaint, as well as any documents submitted in support of the complaint (called "exhibits").
When a party feels the case is legally false, it may be for a number of reasons, a motion to dismiss is filed.
Justifications for a Motion to Dismiss
A motion to dismiss may be brought for a number of reasons, many of which are based on legal flaws. The following are some of the most important reasons for filing a motion to dismiss:
Insufficient Process Service: The complaint and summons were not adequately served.
The Statute of Limitations has Run Out: Wisconsin has its own "statutes of limitations," or time limits for filing such litigation.
Lack of Subject Matter Jurisdiction: A court must have "subject matter jurisdiction," or the power to hear a certain form of case, in order to rule on it.
Lack of Personal Jurisdiction: In order to make a decision involving a defendant, a judge must have "personal jurisdiction" over the defendant. When a party is a citizen or has "reasonable minimum connections" with the jurisdiction where the case was brought, the court has personal jurisdiction over him or her.
Improper Venue: Even if a court has personal authority over the parties, it could be the wrong "venue," which refers to the court's physical location.
Failure to State a Claim for Which Relief May Be Granted: When filing a lawsuit, a plaintiff must meet a number of conditions, including having a legitimate cause of action. If the plaintiff's complaint fails to adequately allege all of the elements of a claim or fails to allege a measurable injury, the court can grant a motion to dismiss.
What is the Process for Filing a Motion to Dismiss?
The process for filing a motion to dismiss will be determined by the jurisdiction in which the case is brought, as previously stated. A defendant must, in most cases, file a motion to dismiss before responding to the complaint. If the motion to dismiss is rejected, the defendant must also file a response, which must be done in a timely manner. It's important to remember that the grounds for dismissing a case must be stated in the first document filed with the court; otherwise, the issue is deemed waived.
The motion must be filed with the court and served on the opposing party. After that, the other party has a couple of weeks to respond to the motion. After reviewing each side's petition, the judge may render the court's judgment at a scheduled hearing date.
Making a decision on a Motion to Dismiss
When considering a motion to dismiss, courts believe that the facts and claims in the case are true and will interpret them in the plaintiff's favor. As a result, prevailing on a motion to dismiss is usually difficult. The case can be dismissed "without prejudice" or "with prejudice" if it is granted. The case can be re-filed at a later date if it is dismissed without discrimination. A case that is dismissed with prejudice, on the other hand, is closed and cannot be re-filed.
The court may also dismiss a case "sua sponte," meaning without any prompting from either side. Where there are reasons for dismissing a lawsuit, the court has this choice. Even if no party objects to the location in which the case was brought, the court may nevertheless dismiss the case due to inappropriate venue.
Is it Necessary to File a Motion to Dismiss?
Plaintiffs and defendants must also obey a set of procedural guidelines when filing a lawsuit. Failure to do so could result in a negative outcome in your case. If you're considering filing a lawsuit or have already been served with one, the safest course of action is to speak with a local litigation attorney about the options moving forward.
Request a consultation with an attorney. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced lawyers today. You can also fill out our confidential contact form and we will get back to you shortly.
To learn about “Illinois Motions to Dismiss Explained,” click here.
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