Motion to dismiss

[wavehopper27]

What is the name of your state (only U.S. law)? Massachusetts

According to Mass. R. Civ. P. 12(a)(2), if a Motion to Dismiss is filed, it stops the clock on the twenty-day deadline for filing an answer. If the court denies the motion to dismiss or postpones a decision until the time of trial, an answer must be filed within ten (10) days after the court takes action on the motion.

Does the rule also apply to domestic procedures?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Massachusetts

According to Mass. R. Civ. P. 12(a)(2), if a Motion to Dismiss is filed, it stops the clock on the twenty-day deadline for filing an answer. If the court denies the motion to dismiss or postpones a decision until the time of trial, an answer must be filed within ten (10) days after the court takes action on the motion.

Does the rule also apply to domestic procedures?

Unless there are separate rules for domestic relations, the civil rules apply.

 

[Mass_Shyster]

Unless there are separate rules for domestic relations, the civil rules apply.

There are.

Massachusetts Rules of Domestic Relations Procedure http://www.lawlib.state.ma.us/source/mass/rules/dom/index.html

This note appears in Rule 12(a) : "Identical to Mass.R.Civ.P. 12(a)"

So the answer to the question is ; No, this rule does not apply, but an identical rule does.

 

[wavehopper27]

Perfect. Thankyou.

 

[Proseguru]

And a motion to dismiss stops everything... discovery etc

 

[wavehopper27]

Had a hearing before the judge yesterday on my motion and it was approved.

Thanks again to all who helped.

 

[wavehopper27]

Im trying to keep this all in one thread but Ill start a new one if necessary. The action I had dismissed was a child support modification. Well, I just received a trial notice from MA DOR for this very issue that was dismissed. Do I need to show up for court even though this was dismissed?