Rule 16 - Motion to Dismiss Flashcards
1
Q
At the hearing of the motion to dismiss, what should the parties submit?
A
their arguments on the questions of law and their evidence on the questions of fact involved except those not available at that time
2
Q
What is a motion to dismiss?
A
A motion to dismiss is a formal request for a court to dismiss a case. It is filed when a party believes that the complaint is legally invalid, which can be based on a variety of grounds.
3
Q
How many days shall the movant must file his answer if the motion got denied?
A
He must file his answer within the balance of the period prescribed by Rule 11 to which he was entitled at the time of serving his motion, but not less than five (5) days in any event, computed from his receipt of the notice of the denial.
