Motion to Dismiss

A motion to dismiss is a formal request to the court to dismiss the case before ever actually getting to the heart of the dispute. Some motions to dismiss are predicated on trivial errors, and in reality only serve to delay. Others are far more meaningful, such as a Motion to Dismiss for Failure to State a Claim (aka Motion to Dismiss for Failure to State a Cause of Action), which essentially asserts that while the plaintiff's claims may be true as a matter of fact, the law does not provide for any legal recourse and, therefore, does not hold the defendant liable.