How long does the Plaintiff have to answer or objectiont to a motion to dismiss

There is no specific time limit because there is no obligation for the plaintiff to respond. The moving party has the burden of demonstrating that the motion should prevail at a hearing before the court, UNLESS other pleadings filed in the case elminate the issue. Therefore, the next step would be a hearing on the Motion. A motion to dismiss tests the sufficiency of the pleadings or the court's authority over the parties or subject matter. In ruling on a motion to dismiss the court may not go beyond the four corners of the complaint and must accept the facts alleged therein as true. All reasonable inferences must be drawn in favor of the pleader. If you lost, typically you would have 10-20 days to amend your complaint. Summary judgement is completely different. Summary judgment is a determination made by a court without a full trial. By resolving the matter before trial, summary judgment saves valuable trial time and assists in securing speedy and inexpensive resolution of disputes. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case. A movant is entitled to summary judgment if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. If there IS a genuine issue as to any material fact, then the defendant would not be entitled to a summary judgement. You probably need an attorney if you don't have one. This is not something you should rely on Google for legal information.

You are not required to answer a motion to dismiss, however, it is in your best interests to provide the court with a written response to the motion. While the burden of proof falls squarely on the maker of the motion, you may find that you agree with one or more points raised in the motion. Conversely, you may not agree with any aspect of the motion. By placing a written response in the record, your position is clear. Also, judges do their best to review motions and responses before hearings. The better prepared the judge is to consider the merits of both sides, the better chance that the correct decision will be reached on the motion. In addition, some judges do not have a hearing on every motion and may decide on the papers. If you do not respond in writing, your position will not be considered.