MOTION TO DISMISS Meaning and
Definition
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A motion to dismiss is a formal legal request made by one party to a court to have a case terminated or dismissed before it goes to trial. It is typically filed by the defendant, although the plaintiff may also make this motion under certain circumstances. The main purpose of a motion to dismiss is to argue that the opposing party has failed to state a claim upon which relief can be granted.
When filing a motion to dismiss, the party asserts that even if all the facts alleged by the opposing party are true, they still fail to establish a legal claim. To support this argument, the moving party may examine the substance of the complaint, pointing out any deficiencies or legal errors in the pleading. The motion to dismiss may be based on various grounds, such as lack of subject matter jurisdiction, failure to state a claim, improper venue, lack of personal jurisdiction, or the existence of an applicable statute of limitations.
Once a motion to dismiss is filed, the opposing party has the opportunity to respond, pointing out the merits of their claim and explaining why the motion should be denied. The court then reviews both arguments and any supporting evidence or case law to determine whether the case should proceed or be dismissed. If the motion to dismiss is granted, the case is generally terminated, although the plaintiff may sometimes be allowed to amend the complaint and refile it.
