![]() ![]() If you have been sued in a state circuit court in Ohio, for example, you must have sufficient minimum contacts with that state for its courts to have personal jurisdiction over you. Lack of personal jurisdiction: the court does not have the power to make decisions affecting the defendant personally.For example, state law may require a special court to determine certain matters, such as requiring that a probate court, rather than a general civil court, decide a complaint involving the interpretation of a will. Lack of subject matter jurisdiction: the court doesn’t have the power to rule on the controversy.Motions to dismiss are usually based on the following legal deficiencies: The court may grant the motion to dismiss – ending the litigation – if the facts present, when viewed in the light most favorable to the plaintiff, fail to meet certain legal thresholds required for bringing a claim. In deciding a motion to dismiss, the court looks only at the material presented in the complaint, along with any attached exhibits. ![]() The material presented in the complaint and any exhibits to the complaint are the focus of the motion. A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. ![]() A motion is a request your lawyer files with the court asking for a ruling on a particular matter. ![]()
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