I've got my facts and evidence supporting. I have authorities for each fact. My counterclaim I feel should be revised however, I didn't state a few things I should have. What is the best way to go on this? The opposing attorney filed motion to dismiss and oops guess he forgot to actually send the documents regarding that to me. I have asked many times for him to resend but still nothing. How is this ok? What am I missing?
Always start with what he other side says
Look at the research you did before putting pen to paper on the factual and legal basis of your claim
Respond with an explanation of why your claim satisfied legal standards citing legal authority
First of all, a lot depends on what the case is about, what you filed, and exactly what opposing counsel is claiming. A thorough review of the pleadings is required. Then a memorandum opposing can be drafted and submitted. And, remember, you have only 14 days.
Second, it depends on what you omitted from your counterclaim, and whether a reply has been filed. Depending on those facts, you might be able to file a motion to amend.
However, the best thing to do is get with an experienced attorney. Doing so earlier might have saved you all of these current problems. So, to avoid future such problems, get with an attorney.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
You should contact the court and get a copy of the Motion. Like Mr. Hartwig said, you need to make sure you file your Memorandum in Opposition within 14 days. The court rules related to a motion to dismiss for failure to state a claim is rule 12 of the Utah Rules of Civil Procedure. http://www.utcourts.gov/resources/rules/urcp/view.html?rule=urcp012.html. Rule 7 defines the requirements of a Memorandum in Opposition. http://www.utcourts.gov/resources/rules/urcp/view.html?rule=urcp007.html. Your chances of surviving the motion to dismiss are greatly increased if you hire an attorney to represent you.
Please mark this answer as "Best" or "Helpful" if it is to you. My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship.
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