motion to dismiss

motion to dismiss
A motion asking the judge to throw out one or more claims or an entire lawsuit. Sometimes, the plaintiff or a prosecutor makes a motion to dismiss a case because it has been settled out of court. Sometimes, the defendant files a motion to dismiss claiming that the plaintiff or prosecutor has committed some procedural error that prevents the court from hearing the case or that, even if all of the facts in the complaint are true, the plaintiff or prosecutor cannot win the case (this type of motion to dismiss is called a demurrer in some courts).
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


motion to dismiss
n. In civil litigation, a written submission to the court at a preliminary stage of the case, generally before the defendant answers, seeking dismissal of the case on one of several grounds, including lack of jurisdiction over the person or subject matter, and failure of the plaintiff to allege requisite elements of the cause of action asserted in the complaint, etc.; may be granted with or without leave given to plaintiff to amend his complaint to correct deficiencies.

Webster's New World Law Dictionary. . 2000.

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