Motion to dismiss
Formal request for a court to dismiss a case. Reasons for dismissal vary. Examples include a settlement between the parties, voluntary withdrawal of the complaint, and procedural defects such as a lack of jurisdiction or a failure to state a claim.
Definition from Nolo’s Plain-English Law Dictionary
A motion asking the judge to throw out one or more claims or an entire lawsuit. Sometimes, the plaintiff or a prosecutor makes a motion to dismiss a case because it has been settled out of court. Sometimes, the defendant files a motion to dismiss claiming that the plaintiff or prosecutor has committed some procedural error that prevents the court from hearing the case or that, even if all of the facts in the complaint are true, the plaintiff or prosecutor cannot win the case (this type of motion to dismiss is called a demurrer in some courts).
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:20 pm
