Motion to Dismiss

Motion to Dismiss

A motion to dismiss is a request that a court dismiss all of part of a cause of action or series of criminal charge. A motion to dismiss is typically brought before trial. During or after trial, the motion seeking to do the same would be called a motion for summary judgment or directed verdict or to set aside the verdict, as the case may be.

A motion to dismiss must be granted if, even assuming all facts in the light most favorable to the other party, the moving party would still win the case. For example, if after discovery, it appears that there is simply no evidence that could lead a reasonable jury to find for one party, the other party might be entitled to have the case dismissed. Motions to dismiss can also apply to individual counts in multiple count lawsuits and to individual criminal charges in multiple charge prosecutions.