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What is a Motion to Dismiss?

Navigation:  Home > Legal Questions >What is a Motion to Dismiss?


In a civil case, a motion to dismiss is request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed. Motions - or requests - to dismiss are often heard before the trial starts. In other words, it is a pretrial motion.


For instance, suppose someone sues one spouse is suing his or her spouse for custody of their child in a divorce proceeding, and suppose the mother sues the father in an Arkansas court, even though the child lives in Minnesota. In this case, even if the mother is ultimately entitled to custody, the father can get the lawsuit dismissed because the mother sued in the wrong court.

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