Of course, if a defendant is only asking the Court to dismiss certain claims, those claims must be specified.Īfter deciding to file a motion to dismiss, drafting a motion to dismiss, a defendant should adhere to the following suggestions and guidelines to write the most effective and persuasive motion possible: An individual may also move to dismiss the entire complaint or only specific causes of action. Failure to state a claim upon which relief may be granted.Ī defendant may seek to have a complaint dismissed for more than one reason, such as lack of service of process and failure to state a claim upon which relief can be granted.Under federal law, and in most jurisdictions, an individual may move to dismiss a complaint through a motion to dismiss for the following reasons: In federal court, the motion to dismiss is governed by Rule 12(b) of the Federal Rules of Civil Procedure, which provides specific grounds upon which an individual may move to dismiss a complaint.

It protects clients against non-meritorious lawsuits, promotes judicial economy, and facilitates the speedy resolution of frivolous cases. A judge will review the motion to determine its merit, and if he or she determines there is not enough evidence or any legal basis to bring the suit any further, the claim will be dismissed.ĭeciding when to file a motion to dismissĪ motion to dismiss is a powerful weapon in a defendant’s arsenal. The party must state in detail why there is enough factual evidence and legal basis to have the lawsuit dismissed. A Motion to Dismiss may be filed at any time during the litigation process. A motion to dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation.

Motion to dismiss civil case