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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Andrus v. Dunbar, 178 Vt. 554 (2005)

Citation
Andrus v. Dunbar, 178 Vt. 554 (2005)
Parent Document
Andrus v. Dunbar, 178 Vt. 554 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-04-13

Full Text

641 chars
¶ 17. The motion tenant filed in this case was titled a motion to dismiss for failure to state a claim under Y.R.C.P. 12(b)(6).* Such a motion is a challenge to a claim’s legal validity, not its factual support. Powers v. Office of Child Support, 173 Vt. 390, 395, 795 A.2d 1259, 1263 (2002). A defendant who files such a motion is not required to file an answer until ten days after notice that the motion is denied or that its disposition is postponed until the trial on the merits. A counterclaim is included as part of an answer. See V.R.C.P. 7(a) (defining pleadings), 13(a), (b) (specifying that counterclaims are stated in pleadings).