What Happens on A Motion to Dismiss?

“This is your opportunity to drill home the fact that they did not, in their complaint, identify the Plaintiff. While US Bank is a legal entity, it is not appearing on its own behalf. This leaves the question of “on whose behalf” do the attorneys attempt to state that US Bank is appearing?”

Livinglies's Weblog

Legal procedure is difficult to master in one sweep. But in all events you should know that everything before trial is strictly procedure and that your notions about right and wrong are almost besides the point. The purpose of procedural rules is to enable the parties to narrow the issues that must be decided and that usually means testing the sufficiency of what was said. And that simply means a test to see whether what was said actually means something legally.

Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult or check us out on www.lendinglies.com. Order a PDR BASIC to have us review and comment on your notice of TILA Rescission or similar document.
I provide advice and consultation to many people and lawyers so they can spot the key required elements of…

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