Q: if a defendant asks for the complaint to be dismissed at the beginning of the answers and setting their defenses is ther
anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?
A:
I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing. If granted, the plaintiff can move to amend the complaint. The defendant can again move to dismiss it. During this period of time, discovery can be done unless a party requests the court to stay it until the motion to dismiss is ruled on.
I hope this answers your question.
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