I have to file an answer by Tuesday the 2nd of May, and I want to know if I can file a motion to dismiss in regards to this Oregon Trial Rule 17.C(4) C(4) A party or attorney certifies that the allegations and other factual assertions in the pleading, motion or other document are supported by evidence. Any allegation or other factual assertion that the party or attorney does not wish to certify to be supported by evidence must be specifically identified. The attorney or party certifies that the attorney or party reasonably believes that an allegation or other factual assertion so identified will be supported by evidence after further investigation and discovery. This is how I was going to word my motion...any legs? To Dismiss this Case because Plaintiff failed to comply with Trial Rule 17.C(4) Plantiff failed to provide the Defendant, evidence of the actual contract and assignment showing the Plaintiff is the Real Party in Interest. Defendant twice requested Plaintiff provide the actual contract and or copies of the original contract or any papers that showed that the Defendant agreed to pay what Plaintiff alleges. Plaintiff did not provide Defendant with such evidence Thanks for any help
I have my doubts that any judge would grant such a motion. I can't give you any legal advice because I'm not an attorney but in my personal opinion I'd tend to think that a motion for summary judgment might be a more logical way to get the job done. That's because to the best of my knowledge and belief, a motion for summary judgment would require the plaintiff to prove up it's case.
Thank you billbauer, I will look into that..I am so new to all this and am trying to do the best I can..any help is very much appreciated
