What is the difference between a motion to dismiss and a motion for a more definite statement?

A motion to dismiss is a request made by the defendant in a civil case to have the case dismissed. The court can agree with this motion and end the case, or the court can deny the motion and the case will continue. A motion for a more definite statement is a request from the defendant in a civil case to have the plaintiff provide a more precise statement of their claims, or to clarify what they are actually demanding. In Idaho, both of these motions are governed by Rule 12 of the Idaho Rules of Civil Procedure. A motion to dismiss is essentially a request for an early decision that no valid claim exists. The court will consider the motion based on the facts and arguments provided by both the plaintiff and the defendant. If the court agrees that the plaintiff’s claims or statements fail to state a cause of action, the court will grant the motion and dismiss the case. A motion for a more definite statement is essentially a request from the defendant to have the plaintiff provide a more precise statement of the claims or to clarify what they are actually demanding. If the court grants this motion, the plaintiff must provide a more specific statement of their claims that meets the court’s expectation. If this is not done, the court may dismiss the case for failure to supply a more definite statement. The difference between a motion to dismiss and a motion for a more definite statement is that the former is a request to have the case dismissed altogether while the latter is a request for a more precise statement of the plaintiff’s claims.

Related FAQs

What are the elements of a breach of contract claim?
What is the motion stage of civil procedure?
What are the rules for amending pleadings?
What is the difference between federal and state civil procedure?
What are the elements of a civil lawsuit?
How can a party be added or removed from a lawsuit?
How does a plaintiff prove their case in a civil action?
What is class action litigation?
What is a motion for summary judgment?
What are the common defenses in civil law?

What is the difference between a motion to dismiss and a motion for a more definite statement?

Related FAQs

Related Blog Posts