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Message: <blockquote data-quote="zubenelgenubi" data-source="post: 4750965" data-attributes="member: 63706"><p>I'm sure it varies state to state and type of suit, but summary judgments are supposed to come after discovery. Any motions to dismiss after pleadings are filed but before discovery would be over defects in the filings, such as if laws cited are not applicible, or if procedure was not followed. A judgment to dismiss based on lack of standing can not, by necessity, be determined until after evidence has been heard. The Judge would have to claim divine powers to be able to make the determination beforehand. To say a Judge can declare "no standing" without considering the merits is impossible by definition, to rule "no standing" is the same as saying the case has no merit.</p></blockquote><p></p>