How to defend a motion for dismissal

Asked over 4 years ago - San Francisco, CA

I'm pro-se and the defendant has filed a motion for dismissal. I've filed for the court to grant relief and continue the trial (extend it). do I need to do anything else to defend their motion for dismissal. Like could the judge grant my motion for continuance and then concurrently grant their motion for dismissal, or does the judge consider all motions on the same day before deciding? If I need to file something to oppose their motion for dismissal, what would I file?

Attorney answers (1)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Your motion, if you did it right, should be set on a particular date and time. The defense's motion to dismiss should also be set on a particular day and time. I agree with my semi-anonymous colleague that you're in way over your head if you don't even know what these documents are for and when these motions are set to be heard - that also means you don't know when oppositions and replies are due.

    Beyond the procedural gaps in your knowledge, if you think any lawyer on Avvo can advise you how to oppose a motion to dismiss without knowing a thing about your case and that particular motion, I'm afraid you don't even know how much you don't know.

    Do yourself a favor and get yourself a lawyer before your case is dismissed. Judges often cut pro se litigants a little slack, but not a lot.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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