What is a motion to dismiss?

A motion to dismiss is a request presented to a court asking that a case be dismissed or thrown out before it is heard. In Delaware, motions to dismiss are governed by the Delaware Rules of Civil Procedure (Civ.R. 12). A motion to dismiss is typically used when the plaintiff fails to state a cause of action or when the claim is for some reason otherwise legally insufficient. For example, if the facts presented by the plaintiff do not support the claim, a motion to dismiss may be filed. A motion can also be used to dismiss a case for lack of jurisdiction, improper venue, or when a statute of limitations has passed. In Delaware, a motion to dismiss is typically filed with the court prior to the filing of an answer to the complaint. The court may then decide the motion without further proceedings if it is decided in favor of the moving party. However, if the motion for dismissal is denied, the matter proceeds in the normal course and the remaining parties must answer the complaint. The court will then decide the matter after considering all the evidence and hearing the arguments of the parties. In conclusion, a motion to dismiss is used to request a court to dismiss a case prior to hearing it on the merits. In Delaware, motions to dismiss are governed by Civ.R. 12 and must typically be filed prior to the filing of an answer to the complaint.

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