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Where can i locate sample motions online concerning responses to motions to dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6)..

Fort Wayne, IN |
Filed under: Litigation

Where can i locate sample motions online concerning responses to motions to dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6).. For failure to exhaust administrative remedies..

Attorney Answers 3

Posted

It can help to see how federal motions and responsive pleadings are formatted. To that end, here is a link to some responses to FRCP 12(b)(1) and 12(b)(6) motions:

http://www.likelihoodofconfusion.com/legal-publications-ron-coleman/motions-dismiss-under-frcp-12b6/

Note that they are unrelated to your subject matter. This is intentional - you will need to specifically respond to the issue of failure to exhaust administrative remedies and demonstrate that under the applicable statutes, rules and administrative regulations you have in fact exhausted administrative remedies before your court action may proceed. Alternatively, if the issue of administrative remedies does not serve as a bar to legal action in your circumstances, then you will have to show how that is true for your case.

I second the above recommendation that you seek legal counsel if at all possible. You are in a complex legal area with multiple overlapping layers of laws, rules and procedures - the assistance of counsel may be critical to preserving your right to recover.

Best wishes
Will

This communication may be considered an Attorney Advertisement under the Minnesota Rules of Professional Responsibility.

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Ronald David Coleman

Ronald David Coleman

Posted

Thanks for the link, Will. And the cautionary advice! This is not a process most non-lawyers can handle, though I have just taken on a case after it survived a motion to dismiss that was defended pro se.

Posted

Before you start looking at forms, you must conduct your research. Read through defendant's motion a couple of times, underlining the important points. Then do research to try to challenge the points the defendant makes.

Opposition papers to a motion to dismiss under the Federal Rules of Civil Procedure will be pretty similar to any other memorandum of law. It'll recite the pertinent facts and then will argue the points of law.

If you are a plaintiff in U.S. District Court and you are pro se (and, in addition, you are confronted with a motion to dismiss), now is really the time to consider hiring an attorney. Federal court is no place for laymen.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices 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.

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Asker

Posted

Impossible to hire an attorney when you have no money.

Posted

The Federal Court uses a computer system called Pacer. If you have an account you could do a search for one that has been filed. See link below for log-in page. It also has a link to set-up an account. Note the cost is about $0.08 per page. If you are representing yourself, you are in very rough water. This is a highly technical area. You should seek the assistance of a lawyer in your area that practices in federal court.

https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00IDX

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