Motion to Dismiss
Definition:
A motion to dismiss is a formal request made by a party in a lawsuit—typically the defendant—asking the court to terminate the case before it proceeds to trial. It argues that, even if all facts alleged by the opposing party are true, there is no legal basis for the claim to continue.
Motion to Dismiss Information
A motion to dismiss is one of the first procedural tools used in civil litigation to challenge the sufficiency of a complaint. It tests whether the plaintiff has properly stated a cause of action under the law. Common grounds for dismissal include lack of jurisdiction, improper venue, failure to state a claim, or expiration of the statute of limitations. If granted, the motion may end the case entirely or allow the plaintiff to amend and refile their complaint. This process helps courts filter out legally insufficient claims early, saving time and resources for both parties.
Florida Legal Definition
Under **Florida Rules of Civil Procedure 1.140(b)**, a defendant may file a motion to dismiss to raise specific legal defenses before filing an answer to the complaint. These defenses include lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process or service, failure to state a cause of action, or failure to join an indispensable party. Florida courts consider only the allegations contained within the complaint when ruling on the motion. If the complaint can be corrected, judges often grant the plaintiff an opportunity to amend before dismissal becomes final.
How It’s Used in Practice
In practice, attorneys use motions to dismiss to challenge the validity or legal adequacy of a claim at the outset of litigation. It is commonly filed before discovery begins, helping narrow the issues or eliminate unfounded claims. In Florida, a successful motion to dismiss may lead to a case’s dismissal with or without prejudice, depending on whether the plaintiff is allowed to refile. Judges rely on written briefs and oral arguments to decide whether the case should proceed. The motion can be a powerful tool for defendants to reduce litigation costs and exposure to liability.
Key Takeaways
- A motion to dismiss asks the court to end a case before trial for legal or procedural reasons.
- Common grounds include lack of jurisdiction, improper venue, or failure to state a claim.
- Governed in Florida by Rule 1.140(b) of the Florida Rules of Civil Procedure.
- Courts review only the complaint’s allegations when considering the motion.
- If granted, the case may be dismissed entirely or the plaintiff may be allowed to amend the complaint.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron & Shea, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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