If you have been sued in a state circuit court in Ohio, for example, you must have sufficient minimum contacts with that state for its courts to have personal jurisdiction over you. Lack of personal jurisdiction: the court does not have the power to make decisions affecting the defendant personally.For example, state law may require a special court to determine certain matters, such as requiring that a probate court, rather than a general civil court, decide a complaint involving the interpretation of a will. Lack of subject matter jurisdiction: the court doesn’t have the power to rule on the controversy.Motions to dismiss are usually based on the following legal deficiencies: The court may grant the motion to dismiss – ending the litigation – if the facts present, when viewed in the light most favorable to the plaintiff, fail to meet certain legal thresholds required for bringing a claim. In deciding a motion to dismiss, the court looks only at the material presented in the complaint, along with any attached exhibits. The material presented in the complaint and any exhibits to the complaint are the focus of the motion. A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. A motion is a request your lawyer files with the court asking for a ruling on a particular matter.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |