Motion to Dismiss

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Motion to Dismiss defined and explained with examples. Motion to Dismiss: a document asking a judge to throw out all or part of a civil or.

Title your motion. Your title should tell the court what the motion is about. Here, "Motion to Dismiss" would be sufficient. You can add the grounds for your motion if you like. For example, if you were drafting a motion in the slip-and-fall case mentioned earlier, you could title it "Motion to Dismiss for Failure to State a Claim."

Purpose of a Motion to Dismiss. At its core, a motion to dismiss filed under Rule 3.190 is a pretrial mechanism to terminate a criminal prosecution through court action because of some legal or technical defect in the proceedings.

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You may file a motion to dismiss if you believe the claims in a lawsuit against you are invalid. Learn about this and more at

 · [O]n a Rule 12(b)(6) motion it is not the province of the court to dismiss the complaint on the basis of the court’s choice among plausible alternatives. Assuming that [plaintiff] can adduce sufficient evidence to support its factual allegations, the choice between or among plausible interpretations of the evidence will be a task for the factfinder.

A motion to dismiss is a legal pleading that asks a court to decide a case in favor of the pleading party because no legal claim exists, even if the facts are true as stated by the plaintiff. The motion to dismiss is used by defending parties who are trying to have the case thrown out in the early stages of litigation.

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1This document provides a sample of a motion to dismiss that sufficiently complies with the requirements of Section V.I.1.b of the Practice Standards for Judge Marcia S. Krieger. Because there is minimal legal argument made in this particular

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