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What are the requirements for motion to dismiss for failure to state a claim?

In considering a motion to dismiss for failure to state a claim, the court must assume the truth of all well-pleaded relevant and material facts as well as all inferences that reasonably can be drawn therefrom. Dismissal is proper only if the alleged facts fail to state a cause of action. A.J. DeCoster Co. v.

What is Colorado rule 121 1 15 8?

C.R.C.P. 121 1-15(8) does provide that, [i]f no conference has occurred, the reason why shall be stated. On occasions where the moving party offers such a reason in lieu of actually conferring, the Court expects the reason to be explained in substantive detail.

What is rule 106 in Colorado?

Rule 106(a)(2) Compelling a Non-Discretionary Action Rule 106(a)(2) is an action to compel a body or person, including a governmental body, to perform a non-discretionary or mandatory action; this is similar to a writ of mandamus under common law. Judgments in favor of the claimant can include damages.

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What is rule 12 in Colorado Rules of Civil Procedure?

Rule 12 - Defenses and Objections-when and How Presented-by Pleading or Motion-motion for Judgment on Pleadings (a) When Presented. (1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.

What is Rule 12 of Colorado Rules of Criminal Procedure?

Rule 12 - Pleadings, Motions Before Trial, Defenses, and Objections (a) Pleadings and Motions. Pleadings shall consist of the indictment or information or complaint, or summons and complaint, and the pleas of guilty, not guilty, not guilty by reason of insanity, and nolo contendere.

How long does a judge have to rule on a motion in Colorado?

This constitutional provision also includes a penalty: A judge of a court of record may not receive salary while any cause before the judge remains pending and undetermined for 90 days after it has been submitted for decision.

What is rule 12 B )( 5 Colorado?

12(b)(5), failure to state a claim upon which relief can be granted. Put simply, a motion requesting dismissal based on failure to state a claim is alleging that under no circumstances could the claim for relief be granted against the defending party.

What is Rule 12 in Colorado Rules of Civil Procedure?

Rule 12 - Defenses and Objections-when and How Presented-by Pleading or Motion-motion for Judgment on Pleadings (a) When Presented. (1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.

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