Motion to Dismiss FRCP12(b) explained by Attorney Steve®
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WHAT IS A MOTION TO DISMISS A COMPLAINT?
In this episode of #LitigationWarrior Attorney Steve®, the IP lawyer discusses what a motion to dismiss looks like in Federal Court, including discussing the opposition, and reply.
Usually, the federal court judge will issue a tentative ruling, and if the Motion to Dismiss (not to be confused with "Demurrer" in state court) is sustained, the court may grant leave to amend in the interest of justice.
This means Plaintiff would have a chance to amend one or more causes of action or amend the complaint entirely if they can allege facts sufficient to constitute a claim. --------------------------------------------------------------------------------------------------------------------------------
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Professor used your lecture for an assignment! Extremely helpful for a visual learner like myself. Instantly subscribed, thank you!
Glad to hear that. Yes, we visual learners need content like this!! Best, Steve
thank you very much for this video I sincerely appreciate it, after watching I now have a full understanding on how to write my complaints to avoid having to amend, I also learned that its very important to do my research on which court to file my complaint making sure its in jurisdiction of the defendants place of business, but once again thank you I will continue to watch and support your channel.
I did enjoy it and appreciate all of your videos. Thank you Steve. You have been so helpful.
This was super helpful! I was struggling to understand this rule in class and with the assistance of any supplemental videos. The visuals, the descriptions, the examples were exactly what I need to understand. Definitely subscribing!
Nice video. Very informative
Perfect!!! SV
Thank you for the social justice that you bring!
You are welcome!!
You had me within the first 12 seconds. Love your energy and teaching technique.
Thank you so much!! Steve
great stuff Steve, I like the FRCP videos you do.
Thank you Attorney Steve for all the enlightenment. Your videos are really educative.
Glad you like my vids! Thanks for the comment!! Steve
you aren't wrong! I can't find any other useful videos like this!
Thank you! : )
This is a good teaching for self rep litigants.
However, I found out the counsels and the court sometimes make it very hard for self rep litigants so that they can no longer move on.
Its a good point. Courts can give some leeway, but again, there is a set of rules that are designed to promote a fair process. Court's cannot just push those aside. Steve
This is awesome! :) I teach law to undergrads, and this breaks otherwise nebulous concepts down nicely, and ties them up in a nice, neat bow! Very cool!
Thank you Lisa, coming from a law professor that is a very high compliment. : ) Steve
Yes Attorney Steve this IS the best channel out there. I have become a fierce litigator from your videos. Opposing two attorneys tomorrow. Is it better to provide less facts with more weight or more facts with less weight? I'm gonna raise 28 Aff Defenses tho. Raise or waive. Appreciate you.
LOVE TO HEAR - thanks Jennifer and good luck. Personally, I like to stick to the key facts, but every judge is different with the leeway they give!! Tear it up with confidence!!! SV
Attorney Steve, thanks for the lesson. Getting ready for 1L Fall finals and this was very helpful. Appreciate your content and fun demeanor. wp
You are very welcome. I enjoy making law as fun as possible!! Steve
I appreciate you Steve 👍👍 thumbs up Everytime!
Thank you Ellie!! : )
Forum non conveniens!? Really enjoyed this video- thank you! Checking for a Request for Judicial Notice video :)
Thank you again Steve! 👍🏼😊
My pleasure!! Steve
I have been studying this for the last two weeks for the Legal Translation course of study and it was not until I watched your video that I realized that a 12 (b) Motion to Dismiss is actually filed with a FEDERAL Court only and a DEMURRER is filed with a STATE Court! Thanks for clarifying this!! So, all Federal Rules of Civil Procedure apply only to the Federal Court System and not the State Courts? And if so, are there any rules that apply to State Courts only?
Steve Esq!!!! Your back!!! #litigationwarrior #litigationwhiteboard
LOL, I love it!!! : )
Thanks!
Very nice
How many days it usually takes before the motion is being processed? What is turn around time?
I DONT THINK THATS A MICROPHONE 🎙 BUDDY 😳😂
Thank you.
You bet!! Steve
Would you mind assessing HCMCs case again Philip Morris?
so if you get a demurrer with leave to amend is there a time frame the plaintiffs have to respond?
Awesome
esq Steve, how long do they have to file a dismiss does it have to be in the 20 day also? can they spring it on you after the motion to entry default?
I like it, smashed the like button.
YESSSS
I was denied a motion to dismiss in State Court . . Question . . Should the judge give an explanation as to why it was denied? He just responded (by mail) saying it was denied but gave me no reason !
Also, the logical next question is how to deal with such an answer? Should I file another motion asking for a reason of his denial? Or what is recommended?
Thanks in advance for your response.
Jeff Okriya I would appreciate to know the answer to these questions please. What did you end up doing? Thank you.
@@HapHapHappyHomes you file a motion to show cause...
Yo are awesome, thank you!!
You're welcome!
if they want a settlement how much do i give them of what i have to win in trial? all of it or keep the best for last????
I wish you can show us how to beat it..
In tentative ruling, can u ask for leave amended opposition, and ask for new triail?
My spouse's attorney issued a demand for documents from me, but my spouse's name was one the envelope. So I gave it to her and the envelope sat for four or five days. I responded within the the 35 day requirement from the time I received the request, however, not on time from the day my spouse's attorney claim's I received it. The attorney is now claiming I owe him $5,000 in legal fees for failure to respond. What term do I need to use in filing papers and court to deny the attorney's claims. As I see it the attorney caused the issues by using the wrong name and also his motion to compel is full of factual errors about dates and claims that I have not turned over any paperwork at all. Thank you in advance for your help.
I have a question I ask the judge for extension for the trial and he approved and set the date but the plaintiff opssed and want to have proof for my trip and deposit the money she is suing for ....can she do this .. do I have to provide her with all she asked or just the court ? Please advice
What do you feel about a demand to dismiss? Is that better? I heard someone speak of that on CZcams but it was not an attorney
Hi there, quick question I am the plaintiff. I file a small claim law suit against a insurance co. They file a motion to dismiss with prejudice, because Nevada doesn't recognize third party bad faith claims, because Insurance client perform awful repairs to my car without my authorization. Now I have to write a opposition letter. This is we're I'm stuck. How can I write this letter in the most simple way in order for the court to continue with my case. I would appreciate your help
Cool video!
Question. What does it mean to be a licensed attorney?
You’re a member of the BAR in each state?
Or you actually apply for a license to practice law?
I ask because no one seems to know the answer.
Thanks in advance.
When you pass the bar (at an ABA approved law school - which is most people), you are eligible to sit for the bar exam in any of the states. When you pass the bar, (for example, in California), you become a member of the bar in that state. You can go on to add another state (as I did, and passed the bar in Arizona as well), but no, you do not automatically get all 50 states admissions. Hope that helps. Steve
CAN YOU MAKE A VIDEO ON HOW TO ARGUE MOTIONS??
@ ~6:25, you mean at 12(b)(7) rule violation, right?
Question: So, for 12(b)(6), if the United States Department of Education [1] sued me in a Federal court (claiming I owe student monies despite six years passing and no fraud relative to the Contracts Dispute Act) and [2] I filed a 12(b)(6) response, then it would be it be obvious, by the time the motion is to be heard, that the Contracts Dispute Act applies and the United States Department of Education's lawsuit need be thrown out? I have a hard time figuring out how an adjudicator would put it together from just the simple wording of a motion of what chain of premises help substantiate the initial premises of a claim (or assertion) of a motion to dismiss. Thank you for reading.
Can you submit a letter to the judge if the attorney for the estate administrator won’t do the motion to dismiss
I understand that there is no any deadlines about the Judge's decision over the MTD however, my question is, based on your experience, if the Judge haven't ruled on MTD for six month in FTCA claim is it usual or rather unusial situation?
top vid
@ 2:46 to make law more digestible! Lol. Legalese 101
Vondeezy, Law Made Easy!! : )
@@attorneysteve Im a Paralegal Student who has been somewhat confused, but Your Videos are Knocking out my Doubt. Thanks so much.
DVRO California … I don’t know yet 🤷
Steve I would love to have one of your videos using your whiteboard talking about slander and defamation. Educating the public about being careful what they post as far as negative reviews on any site fake shoes. I would put that video on the homepage of our website when we launch it. Touch base with me anytime
I think Slander and Defamation would be a really good topic. I will put that on my list!! Thanks for the idea!!
I would like to talk to you when you get a chance to Chat with you about this website that I’m going to launch it’s going to get a lot of recognition on the Internet and I would love to see this video talking about defamation and slander and how a consumer could be easily a target for these type of cases depending on what they post on reviews sides of their choice
Steve Vondran I’ve seen so many negative reviews on the Internet I’m surprised businesses are not taking people to court because of slander or defamation statements on the Internet
I'll talk about that in my video. There are reasons.
I won a defamation case pro se however couldn't have done without Steve Esq! Nick Abramson
Can this work for child support? Motion to dismiss due to lack of personal jurisdiction...?
I have a question..
how about the accused was not given right to depend himself and violated his constitutional rights
Wish you could point me in the right direction on a case..
Filed 10-9-2018
Federal Court date: 1-9-2019
Case# 2: 18-cv-2720
Parties have passed the 21 day federal order. Default and default applications would be next..
Hate these freaking bastards. (Bastards= Rule 12 motions!) Another way for defense attorneys to bill their insurance/corporate/government clients. Battling a 1983 action WHERE ALL 21 DEFENDANTS HAVE FILED A RULE 12 MOTION!!!!!!!
I compare these to the kid in grammar school who always picks on you. When you go to waylay him, he puts on his glasses and says, "Nyah, nyah, you can't hit me, I have glasses."
Rule 12 motions are the glasses the irritating kid wears so you can't teach him a lesson.
By the way, I have NEVER had opposing counsel in a "meet and confer" conference ever tell me anything except that I should dismiss my complaint. What crap!
I was sitting in my vehicle outside my home listening to music. My car has 5% tints all around. Police drove past and circled back to my car. Made me get out and searched my car because they “smelled weed” driving past. Upon search of the car they found 5 grams of cannabis and a pistol. In the police report it said patrolling officers observed smoke coming from my sunroof and windows which is completely false do to me not smoking at all. Is this something I can get suppressed
You need to find a criminal defense lawyer in your hometown. Good luck. SV
I can sit in my car my property and smoke if i chose to..
I would say they had no probable cause to search or seize. And it illegal therfore they are not allowed to use that evidence against you. I am no attorney but after reading and having a lawsuit against the sheriff department they have no reason to pull you over if you car was stopp and parked keys out of the ignition then you have to read that on the report listen to the words they use.. just becuase they observed smoke from my window coming out it doesnt give them reason to believe a crime was being committed. What if you were were smoking a cigarette and you had nothing in the car it illegal search and seizure due to the fact that does not prove you were comitting crime and SUSPICION is not a crime..
It a violation and if the you win your case take them to court.. for unlawful search and seziure . Violation of your rights.. ..
when i become super rich, im gonna make you super rich!
Loll
Where is for-given in all of this ? I though it was paid by Jesus. What about this in court ? How does one explain this? Is sin si (g)nature ? Now how do we re-pen t? Does it have to do with one leaning on the other ? No one explains anything in these foreign languages. It's a lot of mis-construing of languages. One cannot be tried in a foreign language, so this all seems out of alignment to the average jo.