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Responding to a Motion to Dismiss Arkansas

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  • Responding to a Motion to Dismiss Arkansas

    Hello I'm presently involved in a complaint that was filed in court due to Wrongful Termination. I've gone through the necessary channels and was given a Right to Sue letter. I filed the complaint Pro Se and two months later the defendants immediate response was a Motion to Dismiss. I was told this is normal procedure and even though the reasoning for the Motion to Dismiss is accompanied with case law, I'm to understand until I'm appointed counsel I also to respond...

    Any advance on what my recourse is or should be?

  • #2
    Hire a lawyer. Seriously. It would be highly unethical for anyone here to try and play sideline attorney on a case they know nothing about. If you have a legal question that pertains to a specific case of yours, then you really need a lawyer to advise you. Whether you enagage that person as your respresentative for the duration of litigation is up to you but what you are asking is well beyond the scope of a message board.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      OP, have you filed a motion requesting appointment of counsel? Has the court ruled on the appointment motion?

      At the end of the day, the responsibility for representing your interests lies with you, not the trial court. Even if you have solid grounds for appointment of counsel, you should not sit on your hands and merely hope the court will appoint counsel on your behalf. (FWIW, the courts usually deny said motions for a variety of reasons.)

      If you do not retain counsel timely (either by hiring an attorney on your own or through court appointment), you will likely have to submit an “opposition” to defendant’s motion to dismiss yourself. (Check the court’s “local rules” to determine how much time you have to file the opposition to the motion to dismiss.) If you do not have counsel and you seek to proceed with this litigation, then your only option will be to prepare the best opposition on your own.

      The process of preparing a cogent and persuasive opposition will likely not be easy. Indeed, nothing about proceeding pro se is easy. If you do not retain counsel, you will need to assess whether you can effectively proceed pro se in opposing this motion and (assuming the case is not dismissed as a result of the pending motion) in otherwise proceeding throughout this litigation.

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      • #4
        Sorry, but you need a lawyer. Unless you have legal training, this isnt a do it yourself project. Attorneys who deal with the EEOC specialize in this type of litigation and spend a lot of time learning how to do it. If you are asking an internet forum for suggestions on how to respond to a motion to dismiss, then you are seriously over your head.
        Yes, people can sometimes represent themselves but for the majority of those who do, its not a good practice.

        I highly encourage you to get an attorney.
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson

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        • #5
          Nomas

          Originally posted by ElleMD View Post
          Hire a lawyer. Seriously. It would be highly unethical for anyone here to try and play sideline attorney on a case they know nothing about. If you have a legal question that pertains to a specific case of yours, then you really need a lawyer to advise you. Whether you enagage that person as your respresentative for the duration of litigation is up to you but what you are asking is well beyond the scope of a message board.
          Thank you I'm moving in that direction as is, I just recently recevied the Motion to Dismiss and will respond either by an Motion for Counsel or Objection to their motion or both!

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          • #6
            NoMas

            [QUOTE=ESteele;1174095]OP, have you filed a motion requesting appointment of counsel? Has the court ruled on the appointment motion?

            Excellent cognitive responses and the Motion for appointment of counsel and (or) opposition of their motion is my next step(s) I'm in the process of checkeing with the Federal Rules of Civil Procedures for my guidelines and yes I understand this is a difficult undertaking thus the reason for studiying for the past year. At present I'm locating all my eggs in one basket and responding in the most effective timely manner possible. I thought by airing my concerns I would see where I am from another party's perspective.

            Thanks for the input (or shall I say mirroring my thought processes!) by the way, to my knowledge they haven't ruled and I'm preparing a response or strategy as we speak.

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            • #7
              Nomas

              Originally posted by Morgana View Post
              Sorry, but you need a lawyer. Unless you have legal training, this isnt a do it yourself project. Attorneys who deal with the EEOC specialize in this type of litigation and spend a lot of time learning how to do it. If you are asking an internet forum for suggestions on how to respond to a motion to dismiss, then you are seriously over your head.
              Yes, people can sometimes represent themselves but for the majority of those who do, its not a good practice.

              I highly encourage you to get an attorney.
              Excellent, the subjective responses are much need and are assisting me with how I'm presently thinking,

              Again, thanks!

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              • #8
                By the way...From Nomas

                After reading what I've posted, I apologize for the Ambiquity, the Motion for Dismissal was due to the original complaint that I filed in court that according to counsel "fails to state a claim uon which relief can be granted," My response is coming forthwith!

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