A motion to dismiss asks the court to dismiss one or more of the plaintiff's claims or causes of action. In United States District Court and most state court jurisdictions, a motion to dismiss, or 'Rule 12(b)' motion must be made before pleading if a responsive pleading is allowed. Often, motions to dismiss are made on the grounds that plaintiff's complaint fails to state a cause of action upon which relief can be granted, although other grounds exist. A motion to dismiss must be based solely on matters contained in the pleading at issue, if matters outside the pleading are presented, most jurisdictions will convert it to a motion for summary judgment. The moving party will also likely argue that the plaintiff should not be granted leave to amend the pleading in question. SmartRules Georgia simplifies the rules for complying with codes, rules of court, civil procedure and local court rules, in a single search. SmartRules covers pleadings, timing, format, motion practice, subpoenas, filing and service.
A motion to dismiss asks the court to dismiss one or more of the plaintiff's claims or causes of action. In United States District Court and most sta... expand