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Read the motion, and if you wish to, write a response to the motion. You must file your response with the court and send the other parties a copy. After being served with a motion, you must file your response with the court within the set time limit, usually 15 days.
If you are served a complaint for absolute divorce, you must respond by filing an answer. In an answer, you agree or disagree with the statements your spouse made in their complaint. You can use form CC-DR-050 (Answer to Complaint/Petition/Motion).
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.
A response must be filed within a set amount of time, usually 15 days. Generally, the court will not decide your motion until the other party has had this chance to respond.
If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other sides request.
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To successfully defeat a motion to dismiss, a pro se plaintiff must rebut the following potential assertions: The plaintiffs allegations dont fit the facts of the case. There is a missing element of the claim. There are no factual allegations in the complaint, only conclusions.
The affidavit must be signed by you, and swear (or affirm) under the penalties of perjury that what you are saying is true. For example: I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true.
This form serves as a detailed report for civil domestic cases, ensuring compliance with legal requirements. It must be completed and filed with the court to initiate a case effectively. Use this form to outline parties involved and relevant case details.

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