Q: A Personal Injury Attorney, representing the plaintiff in a motor vehicle accident, has filed a complaint/lawsuit
The defendant/respondent has had the opportunity to file an answer and has done so with a MOTION TO DISMISS. My questions are these? Is the plaintiff's Attorney REQUIRED to respond to the motion to dismiss and if so is there a specific deadline to respond to that motion to dismiss (i.e. 30 days) and if the plaintiff attorney does not respond would the court automatically dismiss the case based on No response to the motion to dismiss?
A: A Georgia attorney could advise best, but your question remains open for a week, and time is generally of the essence in motion practice in any jurisdiction. Court can dismiss, but that could depend on the court and the motion. It looks like you may be represented by an attorney. If that's the case, your attorney is in the best position to deal with the motion. Only a Georgia attorney could advise on timetables under state civil procedure rules. But in general, motion practice is not governed by generous and liberal timetables - the rules are intended to keep cases moving forward. Good luck
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