motion to dismiss

A motion to dismiss is a formal request for a court to dismiss a case. The reasons for a dismissal vary greatly.

Settlement: Approximately 95% of civil cases reach settlements at some stage (can be before, after, or during the trial).

Federal Rules of Civil Procedure (FRCP): The Federal Rules of Civil Procedure contains the guidelines for a motion to dismiss.  

FRCP Rule 41:

  • FRCP 41(a) allows for voluntary dismissal, which can be filed by the plaintiff, with or without a court order. FRCP41(b) allows for an involuntary dismissal to be filed by the defendant.

FRCP Rule 68:

  • FRCP 68 contains the guidelines for a settlement offer.  

FRCP Rule 12:

[Last updated in July of 2023 by the Wex Definitions Team]