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Indiana motion to dismiss form4/14/2024 ![]() (f) If a court does not act within the thirty (30) days provided in subsection (e), the person filing the motion may appeal the matter based on the court's failure to rule on the motion. (e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed. ![]() (d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana. (c) The court shall make its determination based on the facts contained in the pleadings and affidavits filed and discovered under the expedited proceeding. ![]() (b) The person who files a motion to dismiss must state with specificity the public issue or issue of public interest that prompted the act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana. (3) Specify time limits for the discovery of evidence to respond to material issues raised in the motion. (2) Establish a reasonable time period, not to exceed one hundred eighty (180) days, to expedite and rule on the motion. When it appears that the county or township, in the case of small claims courts created pursuant to IC 33-34-1-2 in which the action is pending is not the proper place for the hearing of such action, the court shall, on the motion of a party or upon its own motion, determine the correctness of the venue. (1) Treat the motion as a motion for summary judgment. (a) If a person files a motion to dismiss under this chapter, the court in which the motion is filed shall do the following:
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