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how to oppose a motion to dismiss after you file a complaint in your lawsuit the defendant must respond typically a defendant responds by filing an answer however the defendant can also file a motion to dismiss in this document the defendant will point out some defect in your complaint and ask the judge to dismiss the action to oppose dismissal you should research and draft of motion in opposition then you must file it with the court and potentially argue the motion before a judge developing your arguments identify why the defendant seeks dismissal you should receive a copy of the defendants motion to dismiss once you receive it read through the document and look to see why the defendant seeks dismissal generally a defendant seeks to have a case dismissed for the following reasons you didn't serve the complaint properly on the defendant you haven't stated a valid legal claim in your complaint for example you might have sued a neighbor because they painted their house an ugly color howe

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