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What is the difference between petition and motion?

A motion is a request to a court for a desired ruling. It is either in writing or oral. A petition is a formal application in writing made to a court or other official body requesting judicial action of some character.

When can you file a motion to dismiss in Georgia?

A motion to dismiss should only be filed and will only be granted by a court, if: The allegations of the plaintiffs complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts asserted in support thereof, and.

How do I file a motion in court without an attorney?

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.

How many days do you have to respond to a motion in Texas?

A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.

What are the grounds for a motion to dismiss in Florida?

Under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, a defendant may, at any time, file a motion to dismiss on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt.

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Can you file a motion to dismiss after an answer in Georgia?

Federal Court: after an opposing party has filed an answer or a motion for summary judgment, a plaintiff may only dismiss his case either by court order or by a stipulation of all parties in the case.

Can a defendant file a motion to dismiss?

A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendants answer would have been due (see FRCP 12(b)). Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)).

Can a defendant file a motion to dismiss?

A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendants answer would have been due (see FRCP 12(b)). Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)).

On what grounds can a case be dismissed Georgia?

Cases can be dismissed because it is the right thing to do, because there is a error in the investigation that brought the Defendant to court, because after a thorough investigation the case is not as strong as initially thought, or because the courts pretrial rulings have reduced any chance of the prosecutors office

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

The Courts Ruling The court must rule on the motion within 45 days after its filing, which seems to invite movants to seek mandamus relief if the court fails to timely rule. The court may not consider any evidence in deciding the motion.

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