When to File a Motion to Dismiss on a Complaint Filed for Malicious Intentions

**Jodi.J** · 05-07-2012, 06:23 PM

I am defending myself in a lower court that is governed by Federal Regulations of Civil Procedure. A complaint has been brought against me, however I have proof by means of emails from the plaintiff that the action is for the intention of harassment and is malicious.

I have not filed an answer to the Complaint. Should I file a motion to dismiss? Should it be on the grounds of failure to state a claim? What Federal Rules of Civil Procedure are applicable here?

**aardvarc** · 05-07-2012, 06:51 PM

Read Title III, paying special attention to Rules 7, 8, and 12. Answer the complaint, then file your motion.

You can find the rules at: http://www.law.cornell.edu/rules/frcp/

**tex11** · 05-07-2012, 07:12 PM

Your case will NOT be dismissed simply because the Plaintiff has made it clear to you that he or she is out to get you.

Your case will be dismissed IF the plaintiff is unable to establish a key element of his cause of action. For example, if you were sued for always parking your ugly car in the street in front of the plaintiffs home even after he asked you not to, you can have the case dismissed for "Failure to State a Claim" upon which relief can be granted. Unless it is a private street, it is public easment and the property owner has no basis for a claim against you.

So you need to attack the legal basis of the specific allegations and relief sought in the complaint in order to prevail on a motion to dismiss. And your emails would not be sufficient to do that.