A motion to dismiss is a formal request for a court to dismiss a case. The reasons for a dismissal vary greatly.
Settlement: Approximately 95% of civil cases reach settlements at some stage (can be before, after, or during the trial).
Federal Rules of Civil Procedure (FRCP): TheFederal Rules of Civil Procedurecontains the guidelines fora motion to dismiss.
FRCPRule 41:
- FRCP41(a)allows for voluntary dismissal, whichcan be filed by theplaintiff,with or without a court order. FRCP41(b) allows for an involuntary dismissal to be filed by the defendant.
FRCP Rule 68:
FRCP68contains the guidelines for a settlement offer.
FRCP Rule 12:
- FRCP12 is often invoked when filing a motion to dismiss. 12(b) in particular 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 ofsubject-matter jurisdiction
- (b)(2) a lack ofpersonal jurisdiction
- (b)(3) impropervenue
- (b)(4) insufficient process
- (b)(5) insufficientservice of process
- (b)(6)failure to state a claimupon which relief can be granted
- (b)(7) failure tojoina party underRule 19
[Last updated in July of 2023 by the Wex Definitions Team]
