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.
On your way to the perfect motion to dismiss, you will pass the following milestones:
- 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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