Motion to Dismiss - Mississippi 2025

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0:21 3:30 For instance The type of motion and the courts. Workload play a big. Role ing to a study onMoreFor instance The type of motion and the courts. Workload play a big. Role ing to a study on civil case processing in federal district courts. The time to rule on motions can range widely.
After that, its whenever the judge gets to it, but generally there are case managers who run the timelines and forward motions to assigned judges chambers when they can be ruled upon, and typically they are ruled on within 10-30 days, or a hearing is scheduled if one is requested and the judge feels it is necessary
The court may grant a motion to dismiss if the plaintiffs complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
It can be filed for different reasons, like lack of jurisdiction or failure to state a claim. When a judge denies a motion to dismiss, it suggests that, at least at this stage, the court thinks there are legal grounds to continue with the case.
A motion to dismiss is a written request by a defendant asking the Court to dispose of some or all the claims raised in the Complaint before the case can move forward in the litigation process. The Defendant has 21 days to file an Answer, or otherwise respond to the Complaint.
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It could be that its complicated factually/legally so is taking more time to research, which is common at summary judgment. It could be that the clerk had to completely rewrite their draft because the judge wanted it to go the other way.
If the motion to dismiss is convincing, you might have to present your own affidavits and documents to prove that the allegations did occur as you have described, or at least there is a question about the facts of the case as to whether or not what you have alleged actually happened.

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