Legal Question in Family Law in Illinois
Answering a Motion to Dismiss
Do I answer to a a Motion to Dismiss the same as a Rule to Show Cause?
2 Answers from Attorneys
Re: Answering a Motion to Dismiss
Procedurally yes. In either case, the motion will be presented in Court and you can either ask the judge to give you time to file a response, or else ask for time to fix whatever problem is being pointed out.
Substantively, no, they are different motions. A Motion to Dismiss is trying to defeat your claim because something is wrong with it. A motion for rule to show cause is saying that you have not followed court orders and should be held in contempt.
If you are dealing with this level of litigation, it would not be a bad idea to speak with an attorney. Feel free to give us a call.
Re: Answering a Motion to Dismiss
No