When is the best time to file a motion to dismiss? Should I wait until discovery to see what kind of evidence they want to use?
When is the best time to file a motion to dismiss? Should I wait until discovery to see what kind of evidence they want to use?
It depends upon the type of case and the basis for the motion. For motions to dismiss premised upon factual allegations, it is commonly necessary or even required that the parties wait to bring the motion until the close of discovery.
Yeah, that sounds reasonable. If I filed a Motion to Dismiss the complaint without seeing the prosecutors evidence first, I could look like a fool in front of the court.