What is a motion to dismiss?

A motion to dismiss is a legal request for a judge to end a case without a decision on the merits of the case. A motion to dismiss can be filed in the state of Maryland by either the defendant or the plaintiff. The motion must be based on a specific reason such as a lack of jurisdiction, that the plaintiff has failed to state a claim, or that the defendant is immune from prosecution. When a motion to dismiss is filed, the court must consider the validity of the motion before deciding whether or not to grant it. In order for the motion to be granted, the party filing it must provide evidence that supports their claim and convince the court that the case should be dismissed. The court may also order additional evidence from either party if needed. If the motion to dismiss is granted, then the case is dismissed, and the parties are not allowed to bring the case back before the court again. If the motion is denied, then the case will move forward and the parties will have an opportunity to present their arguments in court.

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