pleadings
Is a request to dismiss a motion the same as requesting denial of the motion?
<p>Given the statement:</p>
<blockquote>
<p>Defendant respectfully move this Honorable Court to <strong>deny</strong> and
<strong>dismiss</strong> Plaintiffs motion dated 1/1/20.</p>
</blockquote>
<p>If the goal is to ask the ajudicating authority to not perform opposing counsel's request, is there any difference if the word <strong>deny</strong> is removed?</p>
<blockquote>
<p>Defendant respectfully move this Honorable Court to <strong>dismiss</strong>
Plaintiffs motion dated 1/1/20</p>
</blockquote>
<p>IANAL and trying to get a sense of the nuance of the pleading language.</p>

<p>A court would &quot;dismiss&quot; an action, a claim, or a defendant, but I don't know of any American court that would &quot;dismiss&quot; a motion.</p>
<p>Instead, a motion would be &quot;denied,&quot; or perhaps &quot;overruled.&quot;</p>
<p>If I saw this language in a motion, I would assume it was just a lawyer doing the stereotypical redundance thing.</p>
