I received a motion that fails to state facts or elements as required. I always thought that motions get denied, not dismissed. The motion fails raise all issues as required, e.g., in child custody cases, the primary consideration (by statute) is the best interest of the child. His motion is devoid of that issue. If the court would hear it, due process would require the judge to sustain my objection (evidence that is outside the issues raised in the motion) and the judge would find that the motion cannot be heard as written.
My client can't afford the fees and delay involved in having the motion heard; I'd like to set my response or motion to dismiss/deny heard on a motion calendar (a docket for non-evidentiary 5 minute hearings).
So, if the judge were not going to hear the motion for failing to "state a cause of action", does the motion get dismissed? I've seen cases where it says that a motion was dismissed, but I've always thought that wrong. Does the judge deny a motion for being defective, or dismiss. If it were a pleading, there is no question that it would be dismissed.
