motion to dismiss
motion to dismiss. A request that the court dismiss the case because of settlement, voluntary withdrawal, or a procedural defect. • Under the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss the case (under Rule 41(a)) or the defendant may ask the court to dismiss the case, usu. based on one of the defenses listed in Rule 12(b). These defense include lack of personal or subject-matter jurisdiction, improper venue, insufficiency of process, the plaintiff’s failure to state a claim on which relief can be granted, and the failure to join an indispensable party. A defendant will frequently file a motion to dismiss for failure to state a claim, which is governed by Rule 12(b)(6), claiming that even if all the plaintiff’s allegations are true, they would not be legally sufficient to state a claim on which relief might be granted. — Abbr. MTD. See DEMURRER. [Cases: Criminal Law 303.5–303.35; Federal Civil Procedure 1707, 1825; Pretrial Procedure 501–563. C.J.S. Criminal Law §§ 419–424; Dismissal and Nonsuit §§ 2–47, 49–66.]
