![]() ![]() New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. (3) Court means the court in which the action is pending. If the debt collector refused to dismiss you from the case after you explained the situation, you should appear in court and be ready to explain to the judge that you are the wrong defendant. 6 Am I Responsible for My Spouse's Medical Debt? Did I forget to pay a credit card bill? If there is even one fact that can be disputed in a trial, the court will likely allow the case or at least part of the case to proceed. Unlike a civil case, however, the prosecutor must agree to allow the motion to be heard. a special plea, a motion to dismiss, or a bill of particulars in lieu of an answer.3The demurrer is the equivalent of a motion to dismiss for failure to state a claim,4while other legal defenses such as those related to jurisdiction, venue, and service are raised through a motion to dismiss. Generally, the plaintiff has an absolute right to dismiss a lawsuit, neither the clerk nor the trial court has any discretion in the matter, and voluntary dismissal terminates the trial court's jurisdiction over the matter. Conceal or knowingly fail to disclose that which the lawyer is required by law to reveal. ![]() Your motion should clearly explain the situation and provide evidence to substantiate your argument that the debt collector sued the wrong defendant. 15(a)(1) while a motion to dismiss is pending, the court has discretion to "transfer" the motion to the new complaint (assuming the motion is still responsive to the amended complaint) or it can require the defendant to file a new motion (if, for example, resolving the motion in light of the new complaint would cause confusion or delay). ![]() Inc., NYLJ, April 6, 2004, the firm of Weitz and Luxenberg was sanctioned $500 for failure to discontinue a claim after it became clear that the plaintiff lacked standing. Master Graham noted that the vast majority of the law on misnomer was developed in the context of a plaintiff seeking to amend the name of a defendant. Va medical center medical records fax number ![]()
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