![]() For example, courts can consider letters, reports, and affidavits attached to complaints.Ģ. When the exhibit contradicts the complaint, the exhibit will control. This includes any exhibit a plaintiff submits with her complaint, even when the exhibit contradicts the complaint. ![]() Documents Submitted with the ComplaintĬourts may consider documents attached to or submitted with the complaint. However, generally speaking, there are three types of documents that fall into this category:ġ. Individuals should check jurisdictional decisions for more information on the specific documents held to be admissible in various courts. In certain circumstances, evidence is properly admissible on a motion to dismiss by virtue of being a document related to the pleadings. However, that need not always be the case. Although the client eventually achieves the desired outcome (dismissal), it often comes with a hefty price tag. If the motion to dismiss was meritorious, chances are the motion for summary judgment is granted. After months of discovery, the issue raised in the motion to dismiss likely ends up the subject of a motion for summary judgment, with the previously unadmitted evidence being received by the court. If the trial court agrees, evidence that should be admissible is excluded. 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. Defense attorneys sometimes file motions to dismiss in lieu of answering complaints.
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