What is a motion to dismiss?

A motion to dismiss is a legal request, made by either the plaintiff or the defendant, asking the court to end a lawsuit without having to go to trial. This motion can also be made by the defendant before entering a plea or after the trial has started. In North Carolina, a motion to dismiss can be made before the trial begins if the plaintiff or defendant believes there is not enough evidence to support the claim or if the suit is legally insufficient. A motion to dismiss can also be used after the trial has begun if the defendant believes the plaintiff has not established the elements of the claim. If the motion to dismiss is granted, the case is dismissed and the parties are not required to go to trial. However, a motion to dismiss cannot be made if either party has already presented evidence or stated arguments. In these circumstances, the judge must decide whether to move forward with the trial or to end the case.

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