What is Motion to Dismiss?
A request asking the court to throw out a case before trial, typically arguing the complaint fails to state a valid legal claim.
Understanding Motion to Dismiss
Common grounds include lack of jurisdiction, failure to state a claim, and statute of limitations expiration. The court accepts complaint facts as true when ruling. If granted, dismissal may be with prejudice (case cannot be refiled) or without prejudice (can be refiled).
Examples
- 1Motion arguing claims are time-barred
- 2Dismissal for lack of subject matter jurisdiction
- 3Motion challenging sufficiency of allegations
Related Terms
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Jurisdiction
The authority of a court to hear and decide a case. A court must have both subject matter jurisdiction (authority over the type of case) and personal jurisdiction (authority over the parties).
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
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