Q: Opposing motions to dismiss complaint - federal court question
How can plaintiff oppose defendant's motions to dismiss complaint?
Are due dates ordered by court, or defined by court rules?
A:
To oppose a motion to dismiss in federal court, the plaintiff should file a written response, typically referred to as a memorandum of law or opposition. This document should articulate legal arguments and present evidence countering the defendant's claims in the motion to dismiss. It's crucial to address each point raised by the defendant and demonstrate why the complaint is legally sufficient and factually grounded.
The due dates for such responses are generally dictated by the Federal Rules of Civil Procedure, rather than being ordered by the court in each individual case. For example, Rule 12 of the Federal Rules of Civil Procedure usually allows 14 days for a response to a motion to dismiss, starting from the date the motion is served.
However, local rules of the particular federal court might modify these general deadlines. It's important to consult these local rules to ensure compliance with the specific requirements of the court where your case is being heard.
If more time is needed, you can request an extension from the court. Such requests should be made promptly and should explain the need for additional time. Remember, effective opposition to a motion to dismiss can significantly impact the progression of your case, so thorough preparation and attention to deadlines are key.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.