Legal Question in Civil Litigation in Florida
Discovery in advance of a motion to dismiss
To what extent is discovery available to the party against whom a motion to dismiss has been filed to defend against the motion
Asked on 6/30/08, 12:04 pm
1 Answer from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: Discovery in advance of a motion to dismiss
A motion to dismiss is determined by what is pled and is in the complaint, so discovery is technically irrelevant. The court looks only to the complaint in deciding a motion to dismiss.
If there is a motion for summary judgment, the court will consider evidence of record, but not a motion to dismiss.
Answered on 6/30/08, 12:53 pm
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