When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense.
A) counterclaim.
B) motion to dismiss.
C) motion for summary judgment.
D) notice of service.

Question

Quizplus · Accepted Answer

A motion to dismiss challenges the sufficiency of the plaintiff's pleading and requests that the court dismiss the case because it fails to state a legal claim against the defendant. A counterclaim, on the other hand, is a claim made by the defendant against the plaintiff in response to the plaintiff's original claim. A motion for summary judgment asks the court to decide the case based on the evidence presented, without a trial. A notice of service informs the other party that legal papers have been filed with the court or served on the other party.

When a Defendant Files A(n) _________ He Is Attacking the Plaintiff's