What is a motion to dismiss in civil litigation?

A motion to dismiss in civil litigation is a request made by one party to a lawsuit to the court that the lawsuit be dismissed, or thrown out, without the need for a trial. This can occur when one party feels that the case does not have enough evidence to go to trial or if the court does not have jurisdiction to hear the case. In California, a motion to dismiss is outlined in Code of Civil Procedure section 581(b), which states that “[o]n motion of either party or on its own motion, the court may . . . either dismiss the action or enter a final judgment thereon . . . ." The party making the motion will typically provide documentation to the court in support of their argument that the lawsuit should be dismissed. The court will then consider the motion and the evidence provided, as well as any legal arguments that have been made, before making a decision. If the court decides to grant the motion, the lawsuit is dismissed and cannot be brought again. If the court denies the motion, the lawsuit will move forward to the next step in the judicial process.

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What is a motion to dismiss in civil litigation?

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