What is a motion to dismiss?

A motion to dismiss is a request made by a party to a lawsuit in an effort to have the case dismissed before it goes to trial. In Indiana, a motion to dismiss can be filed with the court if the party is claiming that the complaint against them does not state a valid legal claim or does not contain facts that support the legal claim. When a motion to dismiss is filed, the other party must provide evidence as to why the case should not be dismissed. The judge hearing the motion will then decide whether or not the case should be dismissed. If the case is dismissed, then the case is over and the plaintiff cannot continue the lawsuit against the defendant. However, if the case is not dismissed, then it will proceed to trial where a jury or judge will decide the outcome.

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What is a motion to dismiss?

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