View Full Version : Motion or answer to summons
JerryX100
Jan 11, 2015, 11:48 AM
Received summons and need to file motion or answer to court. What are the proper forms?
ma0641
Jan 11, 2015, 06:53 PM
Depends on where you live. Since we have no idea, consult with your local court that issued the summons.
AK lawyer
Jan 12, 2015, 03:18 PM
By the way, unless this is an adversary case in bankruptcy, this is not a bankruptcy question. It should be in the "law" sub-forum (https://www.askmehelpdesk.com/law/).
If some form of the Federal Rules of Civil Procedure (some form of which is used in federal courts and many state courts), Rule 12 (http://www.law.cornell.edu/rules/frcp/rule_12)(b) describes pretrial motions that can be filed.
"Thirty-five states have adopted procedural codes based on the Federal Rules, but sometimes there are slight variations. ...
lack of subject matter jurisdiction (https://en.wikipedia.org/wiki/Subject-matter_jurisdiction)
lack of personal jurisdiction (https://en.wikipedia.org/wiki/Personal_jurisdiction)
improper venue (https://en.wikipedia.org/wiki/Venue_(law))
insufficient process
insufficient service of process (https://en.wikipedia.org/wiki/Service_of_process)
failure to state a claim upon which relief can be granted; and
failure to join a party under Rule 19" https://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure