Included in the Kit:

• Motion to Dismiss
• Answer to Summons and Complaint
• Interrogatories
• Request for Production
• Request for Admissions
• Subpoenas for Deposition

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Motion to Dismiss:

A motion to dismiss is a party’s request to a court to dismiss a case because of settlement, voluntary withdrawal, procedural defect or claim is one for which the law provides a remedy.

Under the Federal Rules of Civil Procedure, Rule 41(a) [USCS Fed Rules Civ Proc R 41] a plaintiff may voluntarily dismiss the case.

Similarly a defendant may ask the court to dismiss a case, based on one of the defenses listed in Rule 12(b) [ USCS Fed Rules Civ Proc R 12]. These defenses include:

• Lack of personal jurisdiction
• Lack of subject-matter jurisdiction
• Improper venue
• Insufficient process
• Insufficient service of process
• Plaintiff’s failure to state a claim on which relief can be granted
• Failure to join an indispensable party.

Often a defendant will file a motion to dismiss for failure to state a claim, which is governed by Rule 12(b)(6), claiming that even if all the plaintiff’s allegations are true, they would not be legally sufficient to state a claim on which relief might be granted.

Answers to Summons and Camplaint:

In a civil case, an answer is the defendant’s written response to the plaintiff’s complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability. Some states allow an answer to state a lack of knowledge as to whether a particular allegation is true or false. The answer may also include “affirmative defenses” including allegations which contradict the complaint or contain legal theories (like “unclean hands,” “contributory negligence” or “anticipatory breach”) which are intended to undercut the claims in the complaint. If the defendant fails to file an answer, the plaintiff usually wins by default. There are rules of evidence which govern the formalities and time period required in filing an answer. The answer is usually filed along with a proof of service of the same upon the other parties to the action.

Certificate of Filing Interrogatories:

Interrogatories:

Part of the pre-trial discovery (fact-finding) process in which a witness provides written answers to written questions under oath. The answers must be returned within a specified time, usually 30 days, and often can be used as evidence in the trial. Objections as to relevancy or clarity may be raised either at the time the interrogatories are answered or when they are used in trial. Most states limit the number of interrogatories, which vary by state, that may be asked without the court’s permission to keep the questions from being a means of harrassment rather than a source of information.

Certificate of Filing for Production:

Request for Production:

A request for production is part of the discovery (fact-finding) process that occurs prior to trial. Either party may send such a request to an opposing party or witness. If you are served with a request for production, you have a certain time period, usually 30 days, to provide the asking lawyer with your written reply, stating which documents you have in your possession and to make those documents available for the asking lawyer to review and copy. Sometimes, lawyers attach copies of the documents to the written reply.

Certificate of Filing for Admissions:

Request for Admissions:

A request for admissions is a part of the discovery (fact-finding) process that occurs before trial. It is a written set of questions or statements served by a party to a lawsuit on an opposing party or witness which are required to be denied or admitted in writing and returned to the requesting party with in a specified time, usually thirty days. The answering party must affirm by oath to the truth of the answers. Anything admitted in such a request will be deemed admitted for purposes of trial evidence. The local court rules often limit the number of questions or statements in such requests, so that they cannot be used as a means of oppression.

Subpoenas for Deposition:

A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to appear in court or any designated location to provide testimony for trial or deposition or produce documents or other evidence.

A subpoena which requests items be brought with the person is called a “subpoena duces tecum”. A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to appear in court or any designated location to provide testimony for trial or deposition or produce documents or other evidence.

If the person is required to travel more than a minimum distance, they may be required to be compensated for reasonable travel expenses. Failure to comply with a subpoena may subject a person to being held in contempt of court if it appears the absence was intentional or without cause.

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