going to court, help please?

If I were you - and I am basing my answer on jurisprudence within my place of practice - I will oppose the motion to dismiss as a prohibited pleading. Obviously, it is a pro forma motion and does not rely on sufficient evidence since you yourself said, that you haven't started discovery yet (I presume this is the equivalent of presentation of evidence)

Where I live, a motion to dismiss at this stage of the trial is considered a prohibited pleading and does not have probative value in court. Our rules specifically prohibit such pleading because, not being based on hard evidence, it is a fishing expedition, or a hit or miss proposition that serves only to delay the proceedings.

The strongest argument that you can make at this point is to insist that the motion to dismiss, not being grounded on hard sufficient evidence, and being premature at this stage of trial, should be declared a prohibited pleading and should be consequently denied by the court because it serves no other purpose than to delay

In the event the court rejects your argument and grants the motion to dismiss, you should immediately file a motion for reconsideration with the same court within the prescribed period on the ground that the granting of the motion to dismiss is contrary to law.

Should the court again deny the MFR, you can proceed to file a motion for review on certiorari with a higher court citing grave abuse of discretion amounting to lack or excess of jurisdiction committed by the respondent court.

That's all I can do to help you my friend, and please remember that I am basing my answer on local jurisprudence which may be totally different from yours.

Maybe you could file an ammended complaint because possibly some of your causes of action should have been different in the first place. Just a thought. We obviously can't help you unless we saw the whole thing and I don't think anybody on here wants to do law school homework. Is one of the parties a government agency? Isn't that what a SLAPP motion is? SLAPP them right back! That was a lame joke but good luck. I'm a law student too.

First off, you're doing in class moots because you need to figure out how to find the answers to these problems before you screw it up for a client.

Second, 99% of the people here, even if they work in the law, won't know the answer to your question, because they'll be in a different jurisdiction.

Third, if you are that unsure, and you can't find the answer in the civil procedure texts in your library or the legislation, it's time to go see your professor, because something is not right.

Wow I don't rember doing that in Law school, but anyways if counsel submitted a motion you have the right to review the motion so if your not ready or have not had time to review the information ask the judge for the continuance so that you may review the information.

If the judge refuses however to do that you better be ready 2 rumble!

Well that is normal procedure and of coarse they are going to do that. It is up to you and your client to prove your causes of action. You had to have a real basis for all of your causes of action in order for you to have them in the complaint. It is that information that you will present. In front of the judge you must present your reasons for the complaint so that he can rule with all of the facts in hand. He already knows the discovery process hasn't begun. Good luck to you. A great attorney has a gift of verbal sparring abilities and making others see their point of view. Good LUCK!!

The best thing to do in court is to tell the judge that until you have a proper discovery such as the one filed by Christopher Columbus, then there is no way that you will be ready on time. If he/she refuses just tell him/her that they may be subject to getting the cowboy sh!t slapped out of him/her....

Norman, just because you go to school

doesn't mean you immediately gain all of the information they're going to teach you

Life isn't a video game pal... the court experience is most likely a learning experience

Humans are so doomed :(

i thought discovery happened in a criminal trial?,.....