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ITEM 3.02 | MOTIONS AGAINST THE COMPLAINT

Although most defenses to a complaint must be asserted in the answer, a defendant has the option of asserting certain defenses in the form of a motion to dismiss the complaint before filing the answer. See Federal Rules of Civil Procedure 12(b). A motion is an application to the Court asking that the Court take some particular action in the case. Motions to dismiss the complaint typically make the following arguments:
(1) the Court lacks the power to decide the subject matter of the case or to compel a defendant to appear;

(2) service of process was not sufficient; or

(3) the complaint fails to state a claim on which relief can be granted.
If such a motion is made by a defendant in your case, you will have ten (10) days after it is served in which to file a response (or some other amount of time to file a response as set by the Court). It is very important to respond to such motions to dismiss; otherwise, the case may be dismissed without your having an opportunity to present an argument to the Court.
Last Updated: // Disclaimer
(US District Court, New York, Western District // Buffalo, NY 14202 // Pro Se Litigation Guidelines)
Congratulations! You're now booked up on Item 3.02 from USNYWD's Pro Se Handbook!
You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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