Is a defendant required to sign a motion for dismissal?

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Is a defendant required to sign a motion for dismissal?

My sister filed a petition for the recovery of estate property last January. My sister did not attend the court hearings and the case is still open. Her lawyer contacted me in order to sign a motion for a dismissal. Am I required to sign it if I am the defendant? Why would my signature be necessary? Can I request to be reimbursed for the expenses incurred since January?

Asked on December 15, 2010 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Attached to every motion are what is known as "affidavits." These are formal statements sworn to by the person who signs them telling their side of the story of the matter before the court or, if made by an attorney, they can state the law that is relevant to the situation before the court.  Most matters require that supporting affidavits be written by a person with actual knowledge of the situation.  That would require a party to the action to explain matters to the court.  But if you are the defendant why indeed is her attorney contacting you?  Are you represented by counsel?  Then her attorney can not contact you.  You need to seek help here.  The court should dismiss the petition if it is not supported by her as personal representative of the estate (which I am assuming that she is).  Get some advice in your area.


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