File Motion To Dismiss

To file a motion to dismiss an ex parte emergency custody order in Minnesota, follow these steps:
*. Draft the Motion: Include the case caption, statement of facts, and legal arguments.
*. File with the Court: Submit the motion where the emergency custody order was issued.
*. Serve the Other Party: Ensure the other party gets a copy.
*. Attend the Hearing: The court will schedule a hearing.
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A case caption is essentially the heading of your legal document that includes key information about the case. It typically consists of:
- The name of the court
- The names of the parties involved
- The case number
- The title of the document
Do you need help drafting your case caption?

Sure, I can guide you through drafting the entire motion to dismiss an ex parte emergency custody order in Minnesota.
*. Case Caption:
- Court Name: District Court XYZ
- Parties: Jane Doe, Petitioner vs. John Doe, Respondent
- Case Number: *
- Document Title: Motion to Dismiss Ex Parte Emergency Custody Order
*. Introduction:
- State the purpose of the motion.
- Example: "Comes now, John Doe, the Respondent, and moves this Court to dismiss the Ex Parte Emergency Custody Order issued on [Date]."
*. Statement of Facts:
- Describe the background.
- Example: "On [Date], an Ex Parte Emergency Custody Order was issued granting temporary custody of [Child's Name] to the Petitioner. The Respondent was not given notice or an opportunity to be heard."
*. Legal Argument:
- Cite relevant laws and reasons for dismissal.
- Example: "The Respondent submits that the Order should be dismissed for the following reasons: [Reason *], [Reason *], etc., as per [Relevant Minnesota Statutes]."
*.*. Conclusion:
- Summarize your request.
- Example: "For the foregoing reasons, the Respondent respectfully requests that this Court dismiss the Ex Parte Emergency Custody Order issued on [Date]."
*. Signature:
- Include your name, address, phone number, and signature.
- Example: "Respectfully submitted, John Doe, [Your Address], [Your Phone Number], [Your Signature]."
*. Certificate of Service:**
- Certify that you have served the other party.
- Example: "I hereby certify that a true and correct copy of the foregoing was served upon [Other Party's Name] on [Date]."
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