Nolo's Plain-English Law Dictionary
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- Motion To Dismiss
- A motion asking the judge to throw out one or more claims or an entire lawsuit. Sometimes, the plaintiff or a prosecutor makes a motion to dismiss a case because it has been settled out of court. Sometimes, the defendant files a motion to dismiss claiming that the plaintiff or prosecutor has committed some procedural error that prevents the court from hearing the case or that, even if all of the facts in the complaint are true, the plaintiff or prosecutor cannot win the case (this type of motion to dismiss is called a demurrer in some courts).