What is a motion to dismiss in international litigation?
A motion to dismiss in international litigation is a document filed by one party, usually the defendant, to end the lawsuit without having to go to trial. This motion claims that the plaintiff’s case has no legal basis and should be dismissed due to a lack of sufficient evidence or legal grounds to pursue the case. In Delaware, a motion to dismiss should be filed in the court of jurisdiction for the case. This motion should include a statement of why the case should be dismissed. The filing party may also request that all of the court costs associated with the case be dismissed as well. There are a few scenarios where a motion to dismiss may be denied. One of them is if the plaintiff is able to provide sufficient evidence to prove that there is a legal ground for the case. If the motion to dismiss is denied, the case will proceed to trial where both parties can present their arguments. The court will make the final decision on whether or not a motion to dismiss is accepted. If the motion is accepted, the case will be dismissed and the plaintiff is no longer able to pursue the case. If the motion is denied, the parties must proceed to trial. In the international litigation context, a motion to dismiss is an important mechanism for efficiently resolving differences without having to go to trial.
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