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Filing Multiple Motions

Date: Thu, 06/03/2010 - 11:21

Submitted by anonymous
on Thu, 06/03/2010 - 11:21

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Total Replies: 1


If a person receives a complain and in lieu of filing an answer files a motion to dismiss for failure join indispensable parties. Depending on the outcome can the person file another motion for improper venue or should all motions be file at once?


The best thing to do is to file the answer form, then under the section "other affirmative matters" state that the plaintiff has failed to join all the proper parties and argue improper venue. Usually, any affirmative defenses (like improper venue and joinder) must be argued in the answer or they are deemed waived, but some state civil procedure statutes say differently. For this kind of issue I strongly recommend that you talk to a lawyer from your state, either in person or you can try a free legal service like www.lawguru.com. If you're worried about the cost of talking to a lawyer, most state professional responsibility codes now allow what's called "limited representation" where you only pay for that part of the lawyer's services you use.


lrhall41

Submitted by OVLG Attorney on Thu, 06/03/2010 - 14:33

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