How to Object to a Motion to Dismiss in an Eviction
- 1). Read the motion to dismiss carefully. If your tenant filed a motion to dismiss, she may allege things such as improper service or that the pleading is deficient.
- 2). Copy the heading on the pleading exactly as is on the complaint. The heading, no matter which state you are in, contains the court, the court's jurisdiction, the parties' names and the case number. Some states, such as Florida, have a division letter or number in the heading.
- 3). Center the title---"Objection to Motion to Dismiss"---under the heading. Write the introduction, which contains your name and the title of the pleading. For example: "Comes now, the Plaintiff, [your name], and files this, his Objection to Motion to Dismiss, and further states..."
- 4). Number each paragraph. Each paragraph should have one objection, and matches the defendant tenant's allegations. Write the objection to each of the tenant's allegations. For example, if the tenant said he wasn't properly served, check the rules for service for your state in your state's rules of civil procedure. If you correctly served the defendant, explain how the defendant was served and state that the defendant was served properly.
- 5). Insert the certificate of service. Each pleading must be mailed to the opposing party or her attorney. The certificate of service states that you mailed a copy to the opposing party or her attorney and the date on which you mailed it. The mailing date must be the same date as the filing date.
- 6). Sign the pleading. Type your name under your signature. Type your address and telephone number under your typed signature. Make three copies of your objection. File the original with the clerk of court, deliver a copy to the judge on your case, mail a copy to the defendant and keep a copy for yourself.