DefineLaw

What is a motion to dismiss?

A motion to dismiss asks the court to end a case for legal reasons.

Why it matters

It can stop a weak case early without a full trial.

Common confusion

It challenges the law/pleading; an answer defends on the facts.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

On what grounds?

Failure to state a claim, lack of jurisdiction, or immunity.

Does the court hear evidence?

Usually no — it reviews the pleading’s allegations.

If denied, what then?

The case proceeds to answer and discovery.

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