What is a motion to dismiss?

A motion to dismiss is a legal motion that is filed in a court of law in order to have a case dismissed. This motion is usually filed by a defendant, or someone who is being sued by the plaintiff, in order to have the case dismissed before it reaches a trial. In Arkansas, a motion to dismiss can be filed before the answer is due, or when the answer is due but has not been filed yet. The motion must be made in writing and filed with the court. The motion to dismiss may be based on a variety of reasons. For example, the plaintiff may not have a legal cause of action against the defendant or the defendant may argue that the pleadings were not done properly. The motion itself does not need to contain an argument, but must set forth the grounds for dismissal. However, a memorandum of the argument must be provided along with the motion. The court will then consider the motion and decide whether or not it will grant the motion. If the court grants the motion, the case will be dismissed and the plaintiff will not have a chance to pursue their claims against the defendant. However, if the motion is denied, the case will proceed to trial. Overall, a motion to dismiss is an important legal tool in Arkansas that can be used to avoid a trial and potentially have a case dismissed without it ever going to court.

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