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Writing "opposition to motion to dimiss" Help!!!

Boston, MA |
Filed under: Lawsuits and disputes

I need to write a opposition to motion to dismiss for a federal case .....I am pro se.....


Were can i find a step by step guide on how to repsonse motion to dimiss.....or something that gives me some advice on what to do to start the process

Attorney Answers 4

Posted

I would strongly recommend that you retain an attorney to perform this task. If this is not an option, you will need to write your opposition to the motion to dismiss on your own. If you take a look at the motion to dismiss, you should follow the format of the motion to dismiss. Even copy the headings and order of the headings. If the heading says, "PLAINTIFF FAILS TO STATE A CLAIM", your heading should read, "PLAINTIFF STATES A CLAIM." The motion should mention reasons for the dismissal supported by case law, public policy, etc... and the other side's interpretation of the facts according to those reasons. At the very least, you should read the cases mentioned in the motion to dismiss and state why the facts of the case do not apply or that they support your position. Even copy how the opposing attorney cited the case. If there are facts mentioned that you dispute, you should state your own version of the facts. In addition to this, you should conduct your own online searches for case law (e.g. google, etc...). Basically, the motion to dismiss has provided you with an outline. Make sure that you dispute each claim that the opposition has made. If you have your own claims not mentioned by the other side, you can add your own headings, but at the very least you need to address each of the opposition's claims. Best of luck!

The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.

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Posted

If you are pro se, the court will give you a lot of leeway in the format of your opposition, so form is less important than substance. The main thing will be to put in an affidavit that refutes the motion either factually or legally. There is no step by step guide to writing oppositions. Its a skill that lawyers develop over time, beginning in law school when they begin to learn Federal practice and substantive law, and continues well into their years as an attorney.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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Asker

Posted

thanks ......would i call it oppostion to motion to dismiss....or just submitt a affidavit saying I am not agreeing with there opinion of the facts

Posted

Your local law library.

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Posted

Call the U.S. District Court of Massachusetts Pro Se Office. The Federal Courthouse in Boston has a whole office of attorneys who will help you with formatting and explain what should be in the Opposition. Also, they have a list of attorneys who are on the Pro Se list as Pro Bono Attorneys who are ready and willing to assist, and maybe even take the case for free. I am on that Pro Bono list, but the best place to start is the Pro Se Office and their job is to help you.

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Posted

thanks jeff....when i asked at the clerks office they said pro se office does not really do much ....I need to call them and ask what they really do ...sounds like i have been given the wrong answer...

Asker

Posted

they may have a list but unless the judge says you can have a pro bono lawyer ......then you are not able to get access to the lawyers like yourself that want to help someone like me....

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