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motion to dismiss

A motion to dismiss is a formal request for a court to dismiss a case . The reasons for a dismissal vary greatly.

Settlement: Approximately 95% of civil cases.) reach settlements at some stage (can be before, after, or during the trial ).

Federal Rules of Civil Procedure (FRCP): The Federal Rules of Civil Procedure  contains the guidelines for a motion to dismiss.  

FRCP Rule 41:

• FRCP 41 (a) allows for voluntary dismissal, which can be filed by the plaintiff , with or without a court order . FRCP41(b) allows for an involuntary dismissal to be filed by the defendant .

FRCP Rule 68:

• FRCP 68  contains the guidelines for a settlement offer.

  

FRCP Rule 12:

• FRCP 12 is often invoked when filing a motion to dismiss. 12(b) in particular is frequently used. All 7 sub-sections of 12(b) may be used as grounds for a motion for dismissal. These include dismissals for:

  • (b)(1) a lack of subject-matter jurisdiction

  • (b)(2) a lack of personal jurisdiction

  • (b)(3) improper venue

  • (b)(4) insufficient process

  • (b)(5) insufficient service of process

  • (b)(6) failure to state a claim  upon which relief can be granted

  • (b)(7) failure to join  a party under Rule 19

[Last reviewed in July of 2023 by the Wex Definitions Team
]

Keywords

• motions

• motion to dismiss

• 12(B)(6) MOTION

• litigation

• lawsuit

• SETTLEMENT

Wex

• ACADEMIC TOPICS

• trial process/advocacy

• THE LEGAL PROCESS

• courts

• wex definitions

• civil procedure

• courts and procedure

• legal education and practice