Also known as: motion to dismiss
Written by attorneys · grounded in primary & secondary sources — see below
A procedural motion by which a party asks a court to terminate a claim, complaint, or indictment before trial on the merits.
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Melissa Mills sues Meridian Motors alleging that a defective brake caused her accident. Her complaint states only that the company knew the brakes were unsafe and failed to warn consumers. The court disregards the bare assertions of knowledge and fault. Because the remaining facts do not show a plausible design defect, the motion to dismiss is granted.
Miles Montgomery moves to dismiss his indictment after learning one grand juror had a prior felony conviction. The record shows twelve other qualified jurors voted to indict. The court denies the motion because the presence of one unqualified juror does not invalidate the indictment.
Mina Mehta sues a village zoning board claiming its ordinance blocks affordable housing. The complaint alleges discriminatory intent but provides no facts linking the board's decision to the plaintiff's project. The court grants the motion to dismiss for lack of standing.
Matthew Martinez petitions to review an EPA regulation. The agency moves to dismiss because the petition fails to identify any final agency action. The court grants the motion to dismiss, ending the review proceeding.
Malcolm McKinley files a class action in federal court against Morgan Financial. The complaint shows some class members share citizenship with the defendant. The court grants the motion to dismiss for want of complete diversity.
Mohan Malhotra sues a city for just compensation after a street widening. The complaint omits any allegation that state procedures were inadequate. The court grants the motion to dismiss the federal claim.
Courts disregard conclusory allegations and ask whether the remaining well-pleaded facts plausibly show entitlement to relief rather than a mere possibility of liability.
A party may move to dismiss based on objections to the grand jury or an individual juror's lack of legal qualification unless the court has already ruled on the objection.
…May 1974, a municipal court found Mrs. Moore guilty of violating the single-family occupancy ordinance. The court overruled her motion to dismiss the charge, rejecting her claim that the ordinance's definition of "family" is invalid on its face under the United States Constitution. The Ohio Court of Appeals affirmed on the authority…