Nolo's Plain-English Law Dictionary

Legal Dictionary Home

Need Professional Help? Talk to a Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small
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).


Need Legal Help?

Get Informed Check out our thousands of free articles on everyday legal topics--they're accurate, up to date, and written in plain English.
Do It Yourself With Nolo's easy-to-use books, legal forms, online services, and software, you can handle many routine legal tasks yourself.
Talk to a Lawyer Just enter your zip code to connect with a lawyer serving your area.
LA-WS5:0.9.22.120522.13848+