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 :
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FRCP 68 contains the guidelines for a settlement offer.
FRCP Rule 12 :
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FRCP 12 is often invoked when filing a motion to dismiss. 12(b) in particular is frequently used. All 7 sub-sections of 12(b) may be used as grounds for a motion for dismissal. These include dismissals for:
- (b)(1) a lack of subject-matter jurisdiction
- (b)(2) a lack of personal jurisdiction
- (b)(3) improper venue
- (b)(4) insufficient process
- (b)(5) insufficient service of process
- (b)(6) failure to state a claim upon which relief can be granted
- (b)(7) failure to join a party under Rule 19
[Last reviewed in July of 2023 by the Wex Definitions Team ]
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