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 South Carolina centralizes rules sources for the South Carolina practitioner, for free. SmartRules offers premium coverage to members, with simple, step-by-step requirements for drafting and filing documents in many state and federal courts. If you practice in California, New York, Illinois, Texas, Florida, New Jersey, Connecticut, Missouri, Delaware, District of Columbia, Virginia, Maryland, Massachusetts, or in major Federal District Courts, you will want to know SmartRules.
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