Legal Question in Federal Tort Claims in Iowa

Re: How to Respond to Motion to Dismiss?

Yes, I wouldn't really worry about the "form" in which, or with which, to respond. Much more important is the argument with which you counter the motion. You'll have to know precisely what you're talking about from a legal point of view, in order to be effective from the Court's point of view. If you're pro se, you'll have to expect motions, discovery and the whole artillary to be thrown at you. If you're mired right now in trying to come up with a proper form, that's not a good sign for you. So, ultimately, there's little question but that you'd benefit from being represented by a qualified, excellent attorney.

Re: How to Respond to Motion to Dismiss?

I just saw your posting today, so it is probably way too late to help you, but in the event that the case was dismissed without prejudice, it may be that it could be refiled, if the defect raised by the U.S. Attorney in the motion to dismiss is corrected.

It would be helpful to know the grounds on which the motion to dismiss was based. (There are many potential procedural defects that can be raised in opposition to an FTCA suit, some of which can be corrected and many that cannot be corrected.)

Without more facts, it is impossible to answer your question.