What is a Motion To Dismiss?
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.