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| Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here. |
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#1
10-07-2010, 08:58 PM
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Request for Dismissal?
I have been searching for a form to file with the courts to request a dismissal (based on the limitation act expiration) Does anyone know if one exists, or is it something that has to be brought up during trial?
Any help is greatly appreciated. |
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#2
10-08-2010, 09:04 AM
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What kind of issue is it that has expired?
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#3
10-08-2010, 01:53 PM
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SS, unjust enrichment, and constructive trust.
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#4
10-08-2010, 02:22 PM
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Once application is begun, I'm pretty sure that there will be 365 days if nothing is done on the case. Is there leave in your case which would affect the automatic dismissal.
In any event, my ex just tried to dismiss my pleadings as you are contemplating. It didn't work since as the judge iterated in quoted case law that it often leads to further litigation. |
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#5
10-08-2010, 10:49 PM
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365 days has passed since the claims were filed without a trial date being set. However, her lawyer had obtained an extension of 12 months, to keep the ball rolling.
My claim is based on her filing when she moved out which was 5 years after the relationship had ended. The limitation act states (forgive me for paraphrasing) that a claim must be filed within 2 years of a reasonable person realizing that a wrong has been made. I expect that the judge would want this proved during the trial, I just want to ensure that a judge will not ignore it because we have not filed the proper paperwork. |
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