How can I get a civil case dismissed if it is scheduled for trial in 2 months but I have found new evidence proving the plaintiff has no legal rights to sue?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I get a civil case dismissed if it is scheduled for trial in 2 months but I have found new evidence proving the plaintiff has no legal rights to sue?

I understand that I can’t just file a motion to dismiss. Is that true? I am also filing criminal charges of fraud to the DA.

Asked on August 31, 2013 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could file a motion for summary judgment, incorporating the evidence you have discovered. (A motion to dismiss does not rely on extrinsic evidence, but only on what is in the pleadings themselves; a motion for summary judgment can incorporate evidence.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption