A motion to dismiss is a formal request for a court to dismiss a case.
Federal Rules of Civil Procedure (FRCP)
The Federal Rules of Civil Procedure contains the guidelines for the motion to dismiss.
FRCP Rule 41
FRCP Rule 68
FRCP 68 contains the guidelines for a settlement offer.
FRCP Rule 12
FRCP 12 is often invoked when filing a motion to dismiss. 12(b) in particularly 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