Motion to dismiss

Posted by Taziblue (4.170.78.69) on May 14, 2004 at 16:06:55:

In Reply to: Re: answering summons...Boadicea posted by Keyser Soze on May 13, 2004 at 21:50:58:

The court requires a response.

A motion to dismiss is a response. (In Florida).

If you file a motion to dismiss, that puts the process on hold (in Florida) until the motion is heard.

If the motion to dismiss is denied, then you still will be given time to respond to the summons. The time is usually dated from the date the judge signs the ruling on the motion to dismiss. So, if you are allowed 20 days to respond, then you will get 20 days from when the judge signs the motion, if it is denied.

Example: Go to court on the 1st of June. Judge denies the motion. Judge signs the motion on the tenth of June. You have 20 days from the 10th not the 1st to file your response.

You can file the answer at the same time, but this way gives you more time to explore your options.

You can also ask for a continuance if needed- usually done before the court date (in writing) but I have successfully asked for it at the intial hearing. Time you get depends on how busy the court is, how much time you request, etc

As always, I concur with WhyChat's advice- if you can afford an attorney, get one. Pro Se can be difficult, even in small claims where you are supposed to be able to represent yourself.

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