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Kev2128

10/18/11 12:14 AM

#1751 RE: trading.jeff #1749

Hey Jeff! It's a motion asking the judge to throw out one or more claims or an entire lawsuit. Sometimes, the plaintiff or a prosecutor makes a motion to dismiss a case because it has been settled out of court. Sometimes, the defendant files a motion to dismiss claiming that the plaintiff or prosecutor has committed some procedural error that prevents the court from hearing the case or that, even if all of the facts in the complaint are true, the plaintiff or prosecutor cannot win the case (this type of motion to dismiss is called a demurrer in some courts)The Defendant typically will file a motion to dismiss claiming that the Plaintiffs complaint is not written correctly and as such the case should be thrown out. If the judge grants the Defendants motion to dismiss, the judge will usually allow the Plaintiff time to re-write the complaint and file it again. Hope this helps!