Legal Question in Employment Law in District of Columbia
motion to dismiss
In a federal civil lawsuit the other party (Defendant) has submitted a ''Motion to Dismiss or for Summary Judgment'' at the close of pleadings and prior to discovery. Under the section ''Standard of Review'', the party cites Rules 12(b)(6) and 56. The motion includes an affidavit and attached documents offered in evidence. My understanding is that one may not include the additional material and the court may ignore it. How does the opposition reply, though? Do I ask the court to ignore? File my own affidavit and evidence? Or? A prompt response would be appreciated.
1 Answer from Attorneys
Re: motion to dismiss
FRCP Rules 12(b)(6) and 56 mean, respectively, that the defendant believes that you have not made out a case sufficient in your complaint for the court to allow you to proceed and therefore the matter should be dismissed for failure to state a claim under the former rule and, furthermore,
subject to summary judgment under the latter(Rule 56), there being (at least in the defendant' view) no material
fact at issue or in dispute and therefore as a matter of law the court should grant the defendant summary judgment(and dismiss your case).
If you've have in fact now been served with this answer, you may file within the required response time an Opposition to the Defendant's Motion For Dismissal and Summary Judgment, briefly outlining in a couple of numbered paragraphs as to why the federal court should not grant the defendant motion(s).
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