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Deadline for Responding to Motion to Dismiss Any party opposing a motion must serve and file a response, reply memorandum, affidavits, or other responsive material within 30 days of being served with the motion. Ga.
A procedural device that enables defendants to try to dispose of some or all of a plaintiffs claims at the beginning of a case.
[12] an order dismissing an action for delay will be justified where the delay is inordinate, inexcusable, and prejudicial to the defendants in that it gives rise to a substantial risk that a fair trial of the issues will not be possible: Langenecker v.
The motion to dismiss must be filed with the court and served on the other party. The other party then has the opportunity to respond to the motion, usually within a couple of weeks. The judge will then review each sides motion, and give the courts decision at a predetermined hearing date.
This is called a consent dismissal order. In this order, the participants agree: To dismiss the claims, without disclosing any settlement terms. That no further action can be taken on the claim and it will be closed.

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The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental

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