Motion to Dismiss

For members only – because members know for sure this is the right move. Not a member? Join for $15/mo.

WHAT IS A MOTION TO DISMISS? A motion to dismiss is a request made by a party to the court to dismiss a case or a claim in a case, usually based on procedural (e.g., wrong person or court) or substantive (e.g., failure to state a claim) grounds.
WHY WOULD I NEED A MOTION TO DISMISS? You would need a motion to dismiss if you believe that the case or claim against you is legally deficient and should not proceed to trial.
WHEN WOULD I NEED A MOTION TO DISMISS? You would need a motion to dismiss at any stage of the litigation, but usually before trial, when you believe that there are legal grounds for dismissing the case or claim against you.
HOW WOULD I USE A MOTION TO DISMISS? You would use a motion to dismiss to request that the court dismiss the case or claim against you. The motion should include a description of the legal grounds for the dismissal, any relevant case law, and any supporting evidence or legal arguments.
WHAT’S THE PROCESS? We’ll guide you through the process of completing a motion to dismiss that sets out your request. In the end, you will download a properly formatted motion to dismiss to file with the court.

Awareness – Understand the requirements, components, and factors for success of a motion to dismiss.
Analysis – Analyze the claims in your case to determine the relevant facts for your motion to dismiss.
Authority – Understand the law and find legal support for your motion to dismiss.
Assembly – Use the information you’ve collected to craft your motion to dismiss.

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