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Simple English definitions for legal terms
Motion to Dismiss
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A quick definition of Motion to Dismiss:
A motion to dismiss is a request for a court to stop a case. Most cases are stopped because the people involved agree to settle. There are rules that explain how to ask for a dismissal. These rules say that the person who started the case can ask for it to be stopped, or the person who is being sued can ask for it to be stopped. There are also different reasons why a case can be stopped, like if the court doesn't have the power to hear the case or if the person who started the case didn't explain it well enough.
A more thorough explanation:
A motion to dismiss is a formal request made to a court to dismiss a case. This request can be made by either the plaintiff or the defendant.
The most common reason for a case to be dismissed is due to a settlement. Over 97% of federal lawsuits are dismissed because of settlements.
The Federal Rules of Civil Procedure (FRCP) provide guidelines for filing a motion to dismiss.
FRCP Rule 41 allows for voluntary dismissal, which can be filed by the plaintiff with or without a court order. Involuntary dismissal can be filed by the defendant.
FRCP Rule 68 contains the guidelines for a settlement offer.
FRCP Rule 12 is often used when filing a motion to dismiss. All 7 sub-sections of 12(b) may be used as grounds for a motion for dismissal. These include dismissals for:
- Lack of subject-matter jurisdiction
- Lack of personal jurisdiction
- Improper venue
- Insufficient process
- Insufficient service of process
- Failure to state a claim upon which relief can be granted
- Failure to join a party under Rule 19
An example of a motion to dismiss would be a defendant filing a motion to dismiss a case due to lack of personal jurisdiction. This means that the defendant is arguing that the court does not have the authority to hear the case because they do not have sufficient ties to the state where the case is being heard.
Another example would be a plaintiff filing a voluntary dismissal without a court order. This means that the plaintiff is choosing to dismiss the case on their own without the need for a judge to make a ruling.
These examples illustrate how a motion to dismiss can be used by either party in a case and the different reasons for dismissal that can be argued.