What happens if a motion to dismiss is dismissed?

In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend.

How is a motion determined under Rule 2-322?

A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate.

What happens if the court does not obey a motion?

If the motion is granted and the order of the court is not obeyed within 15 days after entry of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

What happens if a preliminary motion is not granted?

The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after entry of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

What is motion to dismiss for failure to state?

28 CFR § 68.10 – Motion to dismiss for failure to state a claim upon which relief can be granted. § 68.10 Motion to dismiss for failure to state a claim upon which relief can be granted.

Can a motion to dismiss be granted without leave to amend?

If the demurrer (or motion to dismiss) is granted without leave to amend, however, the final submission has not been set aside and the claims will not go forward. In other words, the final submission has resulted in a decision disposing of those claims.

When to file a motion to dismiss in Colorado?

A successful motion to dismiss allows the defendant an opportunity to have the lawsuit dismissed essentially before it has begun, i.e., before the defendant has to Answer the alleged claims and before discovery has been initiated. Typically, motions to dismiss are filed under Colorado Rule of Civil Procedure (“C.R.C.P.”) 12.

Can a plaintiff file a motion to dismiss without prejudice?

The plaintiff would be free to dismiss the action without prejudice if the court denies the motion. If the court grants the motion, however, the plaintiff would not be free to dismiss the action. That should be true even if the motion disposes of some but not all of the claims in the action.