1

Given the statement:

Defendant respectfully move this Honorable Court to deny and dismiss Plaintiffs motion dated 1/1/20.

If the goal is to ask the ajudicating authority to not perform opposing counsel's request, is there any difference if the word deny is removed?

Defendant respectfully move this Honorable Court to dismiss Plaintiffs motion dated 1/1/20

IANAL and trying to get a sense of the nuance of the pleading language.

1 Answer 1

3

A court would "dismiss" an action, a claim, or a defendant, but I don't know of any American court that would "dismiss" a motion.

Instead, a motion would be "denied," or perhaps "overruled."

If I saw this language in a motion, I would assume it was just a lawyer doing the stereotypical redundance thing.

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