![]() 6 However, the following arguments are frequently raised on motion to dismiss in foreclosure disputes. Motions to dismiss are an ill-developed area of case law, because an order denying a motion to dismiss is not a final appealable order. 5ħ-2:2 Common Grounds for Motions to Dismiss 4 Where a motion to dismiss raises multiple grounds, a trial court may nevertheless enter an unelaborated order denying the motion, which could render each ground of the motion subject to further review. The court may also consider certain other grounds on a motion to dismiss, such as lack of jurisdiction. 3 However, the court may consider exhibits annexed to the complaint and may reconcile the face of such exhibits with the allegations raised in the complaint. ![]() 2 The court is limited to review of the four corners of the complaint on a motion to dismiss, and is prohibited from considering extrinsic evidence. 1 If it is determined that the complaint states a cause of action, then the motion to dismiss should be denied. Motions to dismiss are designed to test whether a plaintiff has stated a cause of action within the four corners of the complaint. A motion to dismiss, as a procedural mechanism, may be desirable for defendants, as it allows them additional time prior to filing a responsive pleading. It is typically considered a pre-answer motion, meaning that it is not a pleading and further that a pleading need not be filed until after resolution of the motion to dismiss. ![]() A motion to dismiss should be filed to attack the form of a plaintiff's complaint.
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