You will have to pay a fee to file your motion with the court.Get this deadline as soon as possible after you are served and write it down so you can make sure you don't miss it. You can find the deadline by looking at the summons you received, or by calling the clerk's office.X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source This deadline typically is about 20 calendar days from the day you are served with the complaint and summons. You will have a deadline by which you must file your motion, particularly if it is the first thing you've filed in the case.You must file your motion with the clerk of the court where the case was originally filed. In most states you can hire an attorney to perform unbundled legal services, through which he or she will conduct your research or draft your motion without taking you on as a client for full-scale representation. If the legal research becomes too intense, you might consider hiring an attorney to research and draft your motion for you.Since there's no law requiring you to say 'good morning' to your neighbor, your neighbor's complaint fails to state a claim for which the court can award him damages. For example, suppose your neighbor sued you because you didn't say 'good morning' to him when he passed by your house as you were sitting on the porch.

It also may be that the complaint lists something for which there is no legal remedy.If he or she has failed to include one or more of those elements in the complaint, you have grounds to request that the judge dismiss the case. That law will list all the elements the plaintiff must prove to state a valid claim against you. For example, if you were in a car accident, you should look at your state's personal injury law. For more substantive grounds, you must look at the law that governs the plaintiff's claim.Keep in mind that some reasons for dismissing a lawsuit must be mentioned in your first filing with the court, or the court will consider them waived.Specific court websites often have information about jurisdiction as well. You typically can access these rules by going to the website for your state court system.Your state's rules of civil procedure will determine which of these reasons applies to your case. In most cases, if you're early in the proceedings, your motion to dismiss will be for procedural reasons such as a lack of jurisdiction.You must have sufficient legal grounds to request that the judge dismiss the complaint against you. Research the law that applies to your case.

Motion to dismiss california criminal