Q: How to request a hearing on a motion to dismiss.
Was sued but not served, no affidavit of service is recorded. I found out about the suit from another defendant. I filed a motion to dismiss due to Insufficiency of Service of Process. It has been 10 months since I filed the motion to dismiss and no filings or hearings, nothing at all has taken place in the case. I want to have the court rule on my motion, how do I do that?
A:
It appears that they may be still trying to serve you Did you indicate your physical address in your motion?
To have your motion heard, call the judge's judicial assistant and ask for a hearing date and time. Then serve (by mail or email depending upon their address of record) a notice of hearing on all other parties. File the notice which should include proof of service. And, of course, attend the hearing.
If your motion to dismiss is granted, the plaintiff will probably be given more time in which to get you served.
Bruce Alexander Minnick agrees with this answer
A: If I were you I would do nothing more than what you have already done. If there is no activity in the case for a year or more most judges will enter an order to show cause why the lawsuit should not be dismissed. Your response to that order--if you decide to file one--should say you have no objection to the dismissal--with prejudice.
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