As defendant in a civil foreclosure suit I have a MTD scheduled for hearing in about two weeks. I could, probably should, file an additional one or two MTD on different/new grounds, and I think a Motion to Strike also is appropriate. If my pending MTD is declined, will I have the opportunity to file the additional ones prior to be required to file an answer and affirmative defenses, or should I file all additional MTD/MTS' prior to the scheduled hearing on the first one?
Thank you in advance.
You should try to join all grounds to dismiss in a single motion. Although I am a NY attorney and am unfamiliar with your state's procedural laws and rules, I doubt very a series of motions to dismiss would be permitted prior to answering the complaint.
Consult with a court clerk as to whether you can amend the pending motion to include your additional grounds and, accordingly, reschedule the return date. You might also check with plaintiff's counsel to see whether he or she will stipulate to that.
Be careful with dispositive motions. Make sure that the motions are meritorious and that they deal with issues serious enough to warrant the dismissal of the action. Pro se parties quite often tend to believe that even minor issues will justify major results.
Good luck to you.
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Quite often the judge will order you to file an answer within a specific number of days if you lose on the Motion to Dismiss. A series of motions will be seen by the court as dilatory. It is better practice to file your motions and amend the notice of hearing to include the other motions.
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All grounds for the motion to dismiss should be filed together. If you do not win on one of the grounds you can certainly address the other grounds if you move to amend the motion to dismiss to include those grounds. Filing additional motions to dismiss even with valid claims may be looked down upon by the court as merely a tactic to delay.
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