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23 Jan, 2019

Looking Beyond the Pleadings for Motions to Dismiss: Part 3 of 3

2019-01-30T10:02:46-06:00January 23rd, 2019|Nebraska Litigation & Trial Advisor, Pleading|

This is the third installment of a three-part blog series on evidence that courts may consider when deciding motions to dismiss without converting the motion to one for summary judgment. Previous blog posts in this series discussed the admissibility of certain documents, matters of public records, and subjects of judicial notice. Concessions and Admissions The next type of evidence that courts may consider outside of the pleadings is any concession [...]

21 Dec, 2018

Looking Beyond the Pleadings for Motions to Dismiss – Part 1 of 3

2018-12-31T11:23:54-06:00December 21st, 2018|Nebraska Litigation & Trial Advisor, Pleading|

Defense attorneys sometimes file motions to dismiss in lieu of answering complaints. To support these motions, defense attorneys may offer evidence, which is often objected to by opposing counsel on grounds that the admission of evidence would convert the motion to dismiss to a motion for summary judgment. If the trial court agrees, evidence that should be admissible is excluded. After months of discovery, the issue raised in the motion [...]