What is the deadline for a U.S. federal court to rule on a motion to dismiss? 16 Answers as of October 20, 2011
I am a pro se plaintiff in a civil case in federal court. Defendant through his counsel submitted a motion to dismiss almost 6 months ago, but the court has not ruled on it. About 2 months ago I moved the court to decide on the pending motion to dismiss, but still no ruling. Is there any deadline for these matters? Didn't find anything is FRCP.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click herePaul Whitfield and Associates P.A. | Paul L. Whitfield
Once a judge takes a matter under advisement he normally takes his own sweet time. I am not aware of any rule to the contrary. I waited a year once.
Answer Applies to: North Carolina
Replied: 10/20/2011
Kelaher Law Offices, P.A. | James P Kelaher
I've waited quite a bit for rulings on matters myself, and to my knowledge there is no deadline in any court, state or federal.
Answer Applies to: Florida
Replied: 10/20/2011
Andrew T. Velonis, P.C. | Andrew Velonis
You are a member of a very large club. I've got one I've been waiting on for seven months. Before he was elevated to the Supreme Court, Clarence Thomas once took nine months to render a decision. Not telling how long it will take.
Answer Applies to: New York
Replied: 10/20/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
The Court works as fast as the Court works.
Answer Applies to: Montana
Replied: 10/20/2011
Buff & Chronister, LLC. | Curtis L. Chronister Jr.
Courts generally do not have a deadline to decide a case. Courts do not want cases to linger any longer than the parties desire their cases to linger. Your particular case would need to be evaluated by an attorney, looking at all of the procedural posturing from both parties, to determine what you can expect going forward with your case. It is commendable that you are seeking to resolve this matter in a pro se status, but you should also consider the importance of your case in deciding when hiring an attorney would be in your best interest. Courts generally give some leniency toward pro se parties, but the court cannot overlook procedural errors that cause a case to become ripe for summary judgment or dismissal. Contact an attorney if you believe you need assistance. Even attorneys seek assistance from other attorneys when preparing for and during trial.
Answer Applies to: Georgia
Replied: 10/19/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Although judge's have great discretion in how they run their courts, they usually rule on motions in a fairly prompt manner.
Answer Applies to: Washington
Replied: 10/19/2011
The Margolis Firm | Charles J. Candiano
You are missing something. When a Motion is filed, it is spindled for a date. At that time, the Court will usually assign a briefing schedule and a date for Argument. If you are unclear, call the Clerk and ask the status or look up the case on Pacer. If this involves something that is important to you, I strongly suggest you hire counsel. It seems you are in over your head.
Answer Applies to: Illinois
Replied: 10/19/2011
The Lucky Law Firm, PLC | Robert Morrison Lucky
Unfortunately, there is no deadline for the judge to make his decision.
Answer Applies to: Louisiana
Replied: 10/19/2011
David F. Stoddard | David F. Stoddard
There is no deadline that I know of. Moving for the court to decide is not a good idea. If you hava good case, you might want to consider hiring a lawyer.
Answer Applies to: South Carolina
Replied: 10/19/2011
Robinson & Geraldo | Alex Fernandez
Nothing to stop the court from waiting until mid way through the trial before deciding on a disposative motion.
Answer Applies to: District of Columbia
Replied: 10/19/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
It is within the discretion of the court regarding the ruling on motions. Perhaps, you can get an attorney to represent you through the federal court. A favorable ruling on the Defendant's motion to dismiss will not help you regardless of when the order is issued.
Answer Applies to: Indiana
Replied: 10/19/2011
The Carlile Law Firm, LLP | D. Scott Carlile
There is no deadline. It is up to the discretion of the Federal Judge as to when he will rule on the motion.
Answer Applies to: Texas
Replied: 10/19/2011
Patrick M Lamar Attorney | Patrick M Lamar
There is no set deadline. I have seen them remain pending for over a year.
Answer Applies to: Alabama
Replied: 10/19/2011
Rothstein Law PLLC | Eric Rothstein
There is no deadline.
Answer Applies to: New York
Replied: 10/19/2011
Langer & Langer | Jon Schmoll
The Federal Rules of Civil Procedure do not have a lazy judge provision.
Answer Applies to: Indiana
Replied: 10/19/2011














