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 updated in July of 2023 by the Wex Definitions Team]

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