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    paramour2's Avatar
    paramour2 Posts: 1, Reputation: 1
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    #1

    Dec 19, 2009, 11:02 AM
    How to Write a Motion to Dismiss
    I have an alienation of affections case in NC. The plaintiff has lost his lawyer(over 45 days ago) and not hired a new one. Nothing has happened since April of 09 regarding filings , interogatories or any other motions. I want to file motion to dismiss but on what grounds? Format? Plaintiff has tried to use this in settlement offers to spouse, i.e. release for gain on his part.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Dec 19, 2009, 11:15 AM

    After a certain amount of time the Judge will set down a final hearing if there is no activity after a year's time (sometimes a year or year and a half). If you chose to wait until you get some sort of notification from the Judge's office that there is a hearing scheduled, fine. If you want to file a Motion to Dismiss for failure to litigate the case that may prompt the plaintiff to retain another attorney.
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