What is a motion to dismiss?

A motion to dismiss is a legal document filed by a party in a civil case in the state of Washington. It is used to try to have a case or any claims within the case dismissed before it goes to trial. This is done when the party that files the motion believes that the plaintiff has no legal basis to proceed with the case. The motion to dismiss can be filed as soon as the plaintiff files her complaint, and it contains the legal arguments that the defendant believes will cause the court to dismiss the case. The judge hearing the case will make a decision on the motion to dismiss based on a consideration of written legal arguments from both parties. The judge will typically look at the facts and law available to them to decide whether the claims made by the plaintiff have any legal foundation. If the judge believes the plaintiff has a legitimate legal claim, the motion to dismiss will be denied. If the judge decides that the plaintiff does not have a sufficient legal basis to pursue the case, the motion will be granted and the case will be dismissed. In Washington, a motion to dismiss is decided through summary judgment proceedings, which are simplified proceedings for deciding motions before they go to trial. During the summary judgment proceedings, the judge will consider the evidence that either party presents and make a ruling. This ruling will determine whether the case will be dismissed or proceed to trial.

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