Glossary · Civil Procedure
Motion to Dismiss
motion-to-dismiss-4e8ef0785ba0ee0f-2026-07-28
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-07-28
- Topic
- Civil Procedure
An early request asking the court to throw out a lawsuit, or particular claims, before the parties exchange evidence. The most common version argues that even if everything in the complaint is true, it does not state a legally recognized claim. Other versions attack the court's jurisdiction, the venue, or defects in how the suit was served.
Definition
An early request asking the court to throw out a lawsuit, or particular claims, before the parties exchange evidence. The most common version argues that even if everything in the complaint is true, it does not state a legally recognized claim. Other versions attack the court's jurisdiction, the venue, or defects in how the suit was served.
Motion to Dismiss. An early request asking the court to throw out a lawsuit, or particular claims, before the parties exchange evidence. The most common version argues that even if everything in the complaint is true, it does not state a legally recognized claim. Other versions attack the court's jurisdiction, the venue, or defects in how the suit was served. Example: The startup filed a motion to dismiss, arguing the complaint alleged only a broken promise, not fraud.