What is a motion to dismiss?

A motion to dismiss is a legal term that is used in civil procedure in Kansas. It is a request to the court to dismiss all or part of a case before it is heard. In other words, a motion to dismiss is a request to the court to rule that a case should not be heard because the evidence or facts presented do not provide enough support to establish a claim. A motion to dismiss may be filed by either the plaintiff or the defendant. When the defendant files a motion to dismiss, they are essentially asking the court to throw out the plaintiff’s case before it goes to trial, due to one or more reasons. Common reasons for filing a motion to dismiss include lack of jurisdiction, insufficient facts, or an expired statute of limitations. If a motion to dismiss is successful, it can drastically affect the outcome of the case, as it will dismiss all or part of the case before the trial begins. Additionally, a motion to dismiss can be used as a strategic move during a trial, as it can be used to reduce the number of issues that must be tried.

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What is a motion to dismiss?

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