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What is the best way to dismiss aotion to dismiss a claim in a court of lawIn an...

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lawdc | eNotes Newbie

Posted September 21, 2011 at 12:33 AM via web

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What is the best way to dismiss aotion to dismiss a claim in a court of lawIn an ongoing small claims claim the defendant filed a motion to dismiss at a hearing sometime in the futur

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qasersforu | Elementary School Teacher | (Level 1) Honors

Posted September 22, 2011 at 1:33 AM (Answer #1)

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The best way to dismiss a motion to dismiss a claim in a court of law is to state a prima facie cause of action. That means, if you have a valid legal claim that supports the facts of your case, then the motion to dismiss will be denied. Also, in case you filed a claim in the wrong court jurisdiction, filing a motion to change venue to the correct jurisdiction may also avoid a motion to dismiss a claim.

A motion to dismiss a claim is due to claiming some facts that has no legal basis, nor any means for relief.

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