Motion to Dismiss

/ˈmoʊʃən tə dɪsˈmɪs/

Definitions

  1. (n.) A formal request made to a court to dismiss a case or specific claims within a case, typically on legal grounds such as lack of jurisdiction or failure to state a claim.
    The defendant filed a motion to dismiss for failure to state a claim upon which relief can be granted.

Forms

  • motions to dismiss

Commentary

Motions to dismiss must clearly state a legal basis for dismissal; factual disputes are generally inappropriate at this stage.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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Amicus Docs | Motion to Dismiss Definition