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View Diary: Mr. KOS, Code of Conduct Rule No. 1: Ad Hominem Attacks Are Verboten (151 comments)

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  •  Wrong, as a matter of law (3+ / 0-)

    Allegations in a complaint are assumed to be true when a dispository motion, such as a motion to dismiss for failure to state a claim for which relief can be granted, is filed.  Such motions come before an answer in which allegations are denied or admitted to.

    At all events, the burden of proof remains with the plaintiff.  In this case, to continue your analogy, that would be you.

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