What is the difference between a motion to dismiss and a motion for a more definite statement?
Motions to dismiss and motions for a more definite statement are both commonly used in civil procedure in Virginia. A motion to dismiss is a request to the court to throw out a case before it goes to trial. The motion to dismiss is based on a legal argument that even if all the facts alleged in the complaint are true, the plaintiff still cannot win the case. A motion for a more definite statement is a request for the court to order the plaintiff to provide a more specific statement of the facts in their complaint. The primary difference between a motion to dismiss and a motion for a more definite statement is the purpose they serve in civil procedure in Virginia. While a motion to dismiss seeks to terminate the case on legal grounds, a motion for a more definite statement requests clarification of the facts in the complaint. A motion for a more definite statement can be granted even if the claim stated in the complaint is legally sufficient. The motion for a more definite statement is meant to give the defendant a better understanding of the facts alleged in the complaint. A motion to dismiss, however, seeks to terminate the case without additional information.
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