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To: Truthsearcher

Next steps: The defendants have 21 days to appear in the action and either answer the complaint or move to dismiss. If they move to dismiss, the court must accept the allegations in the complaint as true and can only dismiss if, as a matter of law, the allegations, viewed most favorably for the Plaintiffs, fail to state a cause of action upon which the court can grant relief.

The Plaintiffs, however, cannot afford to wait 21 days for the defendants to make the next move. They must move the court for a temporary restraining order (TRO) and preliminary injunction (PI), and to prevail, they must convince the court that are likely to prevail on the merits and that prejudice to the Plaintiffs if a TRO/PI is not granted is greater than the prejudice that the defendants will suffer is the TRO/PI is granted.

And here’s the key: The Plaintiffs most support their motion for a TRO/PI with sworn affidavits, in evidentiary form, that detail improprieties alleged in the complaint. This requires first hand observations — as opposed to hearsay allegations — that include the date, time, location, and specific facts that the witness observed with as much detail as possible.


43 posted on 11/10/2020 5:46:01 AM PST by Labyrinthos
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To: Labyrinthos

Well (and I am not a lawyer) but in my limited understanding that is if the plaintiffs do not choose to bolster their case by filing an amended complaint with even more allegations.

by the way, it is interesting that the plaintiffs are trump and one common Georgia citizen (I suspect this is to forestall dismissal attempts due to alleged lack of standing, but just a wag). also for some reason beyond me, there are no john doe defendants listed (although iirc that can be amended easily enough if needed at the initial stages).


69 posted on 11/10/2020 6:02:47 PM PST by SteveH
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