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  1. #1
    Join Date
    Nov 2005
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    Central California
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    10

    Default Help with a Motion to Dismiss Charges

    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?

  2. #2
    Join Date
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    Default Motion to Dismiss

    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.

  3. #3
    Join Date
    Nov 2005
    Location
    Central California
    Posts
    10

    Default thanks mr knowitall

    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.

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