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Responding to a Civil Lawsuit: Motions

Motions

The following provide a general overview of the other types of responses you can file, depending on the circumstances of your case. Note that filing a motion does not necessarily mean you do not have to file an answer. If you believe any of these may apply to your case, be sure to research these motions more thoroughly before filing.

For more information, check out the "Resources" tab of this guide.

Demurrer

This is a statement from the defendant that even if the plaintiff's allegations are true, they are not enough to establish the defendant's liability. For example, you may object to the complaint on the grounds that it is "ambiguous and unintelligible," or that the complaint does not assert a "cause of action," meaning it does not provide a set of facts sufficient to allow the plaintiff to bring a lawsuit. You may file a demurrer at any time prior to filing the answer, or simultaneously.

Motion to Strike

This motion asks the court to eliminate portions of the complaint that are "irrelevant, false, or improper." While a demurrer challenges the entire complaint, a motion to strike can be used to challenge only portions of the filing. If the motion is successful, the court may give the plaintiff a chance to re-file to comply with the law.

Motion to Quash

If the complaint was not properly served, you may file a Motion to Quash, or cancel, the summons. If successful, the plaintiff will have to serve the complaint again, and you will have an additional 30 days to file your response.

Motion to Change Venue or Transfer

In some situations, you can request that the case be transferred to a different court. Note that in filing an answer, in some cases you may waive your right to challenge the court's jurisdiction, so proceed with caution if you are looking to file this type of motion.