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  1. #1

    Default How to File a Motion to Dismiss in Colorado

    My question involves court procedures for the state of: Oregon

    I have to file an answer by Tuesday the 2nd of May, and I want to know if I can file a motion to dismiss in regards to this Oregon Trial Rule 17.C(4)


    C(4) A party or attorney certifies that the allegations and other factual assertions in the pleading, motion or other document are supported by evidence. Any allegation or other factual assertion that the party or attorney does not wish to certify to be supported by evidence must be specifically identified. The attorney or party certifies that the attorney or party reasonably believes that an allegation or other factual assertion so identified will be supported by evidence after further investigation and discovery.


    This is how I was going to word my motion...any legs?


    To Dismiss this Case because Plaintiff failed to comply with Trial Rule 17.C(4) Plantiff failed to provide the Defendant, evidence of the actual contract and assignment showing the Plaintiff is the Real Party in Interest.
    Defendant twice requested Plaintiff provide the actual contract and or copies of the original contract or any papers that showed that the Defendant agreed to pay what Plaintiff alleges. Plaintiff did not provide Defendant with such evidence


    Thanks for any help

  2. #2
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    Default Re: How to File a Motion to Dismiss in Colorado

    We have no access to the complaint or pleadings, so we have no way to advise you if your motion would have any merit. I would presume that the pleadings state that a contract exists. If your complaint is actually that you filed formal discovery and the other party did not comply, you would presumably want to bring a motion to compel production of the requested document.

  3. #3
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    Default Re: How to File a Motion to Dismiss in Colorado

    You will NEVER get a dismissal on such a basis.

    Such a motion would not constitute an answer and you would lose by default.

    The plaintiff does NOT have to provide any evidence with a complaint and summons. Most states, including Florida, have minimal pleading standards. As long as they identify the issue/dispute and state their claims and demand, that is all they have to do in the complaint.

    The documents, etc. come during discovery.

    Now, if this is small claims, then the procedure is a bit different and you can reseach that yourself. I do not bother with small claims cases. Generally there is no motion practice in small claims or discovery without leave of the court.

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