MOTION TO DISMISS HOW TO

If the judge grants the motion, the complaint (or some of its claims) will be dismissed.ĭepending on the circumstances, the plaintiff may be granted permission (“leave” in Legalese) to amend the complaint and thereby get a “second bite at the apple.” Permission to amend the complaint is more often granted where the defects are capable of being fixed (“cured” in Legalese) by amending the complaint.Ĭheck out Motions: Practice and Procedure to learn more about the importance of motions in a lawsuit: What are grounds for filing a motion to dismiss? In legal terms, a motion is a formal request (often in writing) by a party in a lawsuit - asking the judge to take a specific action in the case.Ī motion to dismiss asks the judge to dismiss the complaint (or certain claims of the complaint) because it lacks legal sufficiency to go to trial.

MOTION TO DISMISS HOW TO

Whether you are a plaintiff filing a complaint - or a defendant considering how to respond to a complaint- you must understand the practical effects of motions to dismiss, how they work, and the standards for prevailing on (or defeating) a motion to dismiss. When granting a motion to dismiss, the judge essentially decides the case in the defendant’s favor - most often denying the plaintiff the opportunity to go to trial. A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks.

Motion to dismiss