What is a motion to dismiss in civil litigation?

A motion to dismiss in civil litigation is a request by one party for the court to throw out a case before it can move forward. In New York, the motion to dismiss must be argued before the court and must present a valid legal or factual reason as to why the case should be dismissed. If the court agrees with the motion to dismiss, the case is essentially discarded and the plaintiff, or the party who brought the case, will be unable to pursue the claims made in their complaint. The most common legal reasons for a motion to dismiss are that the complaint was filed in the wrong jurisdiction, the court doesn’t have the authority to hear the case, or that the complaint does not state a valid claim upon which relief can be granted. On the other hand, a motion to dismiss on a factual basis claims that the facts stated in the complaint are insufficient to sustain the claim being asserted by the plaintiff. It is important for both parties to understand that a motion to dismiss does not mean that the court has reached a decision on the merits of the case. However, if the motion is granted, the case will be dismissed and the plaintiffs will be unable to pursue any further action in the matter.

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What is a motion to dismiss in civil litigation?

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