{"id":369005,"date":"2018-05-10T16:44:57","date_gmt":"2018-05-10T21:44:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/what-is-a-motion-to-dismiss.html"},"modified":"2024-05-06T18:06:11","modified_gmt":"2024-05-06T23:06:11","slug":"what-is-a-motion-to-dismiss","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/what-is-a-motion-to-dismiss.html","title":{"rendered":"What Is a Motion To Dismiss?"},"content":{"rendered":"\n
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What Is a Motion To Dismiss?<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’re being sued, you might feel overwhelmed by the possibility of a costly and lengthy legal battle. Before going on trial, you might wonder about other alternative options. One of these options is to file a motion to dismiss the case. This type of motion offers a potential exit from the legal proceeding without going through a prolonged trial.<\/p>\r\n

In this article, you will learn about the basics of a motion to dismiss and how it can be helpful to your case.<\/p>\r\n

Motion to Dismiss: The Basics<\/h2>\r\n

A motion<\/a> to dismiss is a formal request by a party to the court to dismiss a case. This pretrial motion is often filed before a criminal or civil case begins. Often, the defendant files this type of motion<\/a> shortly after receiving the complaint and before engaging in further legal proceedings. This strategy usually challenges the case before discovery and other pretrial activities. In some instances, filing the motion later in the proceeding could result in a waiver of some defenses.<\/p>\r\n

A party files a motion to dismiss if the party believes that the complaint is invalid, the basis of which can be on various legal grounds. For example, before disgraced comedian Bill Cosby’s retrial, his defense team filed a motion to dismiss, arguing that the sexual assault alleged in the criminal complaint had happened outside of the statute of limitations<\/a>. But the judge dismissed the motion. The judge ruled that the argument over the date of the alleged assault was a disputed issue for trial and could not be decided on the motion.<\/p>\r\n

Grounds for Filing a Motion To Dismiss<\/h2>\r\n

The Federal Rules of Civil Procedure (FRCP)<\/a> contain the guidelines for filing a motion to dismiss. Some common grounds include the following:<\/p>\r\n