What is a motion to dismiss?

A motion to dismiss is a legal request made by one party in a case to the court to end the case because there is not enough evidence or legal standing to prove the allegations. In Hawaii, a motion to dismiss is usually made either before or during the trial. It is filed with the court and a hearing is scheduled for the parties to present their arguments to the court. When a motion to dismiss is made, the court must consider the facts and legal arguments presented to decide if the case should be dismissed. The court may dismiss the case if it finds that there is not sufficient evidence to prove the allegations, or if the legal reasons for the case are not valid. For example, if one party is suing another party for breach of contract, but the contract is not valid or enforceable, the court may find that there is no legal basis for the case. In Hawaii, a court may also dismiss a case if it believes that the motion to dismiss is made for the purpose of delaying the proceedings. The court may also dismiss a case if it views the motion to dismiss as a tactical move. When a court dismisses a case, the case is brought to a close and the parties are no longer obligated to proceed with the case. However, either party may choose to appeal the dismissal if they believe that the court made a wrong decision.

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