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How long do I have to respond to a Motion to Dismiss in a civil suit?

Atlanta, GA |

Can I include evidence to support my points when I do answer?

Attorney Answers 3


  1. If your case is pending in a Georgia superior court (and not federal court), you have 30 days to respond. Yes, you should include whatever evidence you have to support your response by incorporating your evidence as exhibits.

    Good luck!
    Christie Ayotte, Attorney at Law
    www.knclawfirm.com

    I am not your attorney and we do not have an attorney-client relationship. This answer is based only on the information you provided; new facts not shared here could change the answer. Relying only on the internet for legal information, while convenient, can have disastrous consequences.


  2. Presuming you are talking about State Court and not Federal Court, the answer will be set out in the Georgia Code of Civil Procedure in conjunction with Rules of Court. I would guess 30 days because that is typical in most jurisdictions.

    Use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.


  3. The papers you were served should tell you when you must reply. You should definitely include the best support for the complaint, but it is likely that evidence is not the issue, the issue is whether or not you have stated a claim as a matter of law.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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