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Who is the moving party in a law suit? im being sued and filed motion to dismiss.

Oak Harbor, OH |

court sent me a letter saying " any memorandum in opposition shall be filed on or before may 25, 2011. reply brief on or before june 1, 2011. court june 9, 2011" but first papers from court when this all started says " non moving party shall file affidavits.,deposition, exhibit,docum., and memo of authorities opposing the motion not later than 14 days before hearing. moving party may file reply memo not later than 7 days before hearing. all aff., depo., exhibits,and other evidence must be filed with court and opposing party not later than 1pm the day before hearing" . am i moving or non moving party? i dont know if i am supose to file my memo tomorrow or not. i was kinda wanting to see what theirs said first :)

oh and its a non oral hearing. does that mean if i go at that time, no one will be there? i read it says no show but i dont want them to be there and not me :) i DID NOT file the law suit but i DID file the motion to dismiss. am i moving or non moving?

Attorney Answers 4


  1. Best answer

    If you filed the motion, you are the moving party. When you filed the motion it should have been served upon the other party to the lawsuit to give them a chance to file its opposition. If the other party (the non-moving party) files an opposition, you should consider filing a reply.

    This correspondence does not create an attorney-client relationship. It is not meant to provide legal advice in that capacity. You may wish to consult an attorney in your area.


  2. You are the non-moving party since you didn't file the motion. It sounds like you must file a written response to the motion because if you don't, you may automatically lose.

    Hope this perspective helps!


  3. You filed the Motion to Dismiss. That would make you the Movant. The party that filed the lawsuit is the Petitioner or Plaintiff. You would be the Respondent or Defendant. If you are this confused at the outset, you should seriously consider consulting with an attorney.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  4. I agree with Mr. Goldstein. I get a lot of people calling after they tried to litigate a collection case on their own, and it's easier to help someone when it's earlier in the case. I suggest you talk to an Ohio-licensed attorney asap.

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