motion to dismiss

Understanding Motions to Dismiss in Civil Litigation

A motion to dismiss is a common legal filing made by defendants early on in a civil lawsuit. The purpose of the motion is to argue that the plaintiff’s complaint fails to state a valid legal claim and should therefore be thrown out (or “dismissed”) without going to trial.

When Are Motions to Dismiss Filed?

Motions to dismiss are typically filed soon after the complaint – usually within the first 1-3 months of the case. Defendants want to end the lawsuit early on if the complaint is deficient in some way. Filing a motion to dismiss allows them to challenge the legal sufficiency of the claims right out of the gate.

What Arguments Do Motions to Dismiss Make?

There are a few main arguments defendants make in motions to dismiss:

Failure to State a Claim

The most common argument is that the complaint fails to allege facts sufficient to support each element of the legal claims made. Even if all the allegations in the complaint are taken as true, there are still missing elements needed to make out a valid claim. If the judge agrees, the case can be tossed under Rule 12(b)(6) for failure to state a claim.

Lack of Jurisdiction

Defendants may also argue the court lacks the legal authority (or “jurisdiction”) over the case or parties. For example, arguments may be made that:
The court lacks subject matter jurisdiction over the claims
Personal jurisdiction is lacking over the defendants
Improper venue under applicable statutes
If the judge finds no jurisdiction exists, the case has to be dismissed or transferred under Rule 12(b)(1)-(3).

Other Grounds

Other common grounds argued include:
Insufficient process or service of process – Defendants weren’t properly served
Failure to join a required party – The case can’t proceed without someone else joined
Statute of limitations expired – The claims are too late under the statutes

What’s the Standard on a Motion to Dismiss?

One key thing to know is that judges must accept all factual allegations in the complaint as true when deciding a motion to dismiss. The plaintiff gets the benefit of the doubt at this stage.
The judge also can’t consider evidence outside the complaint. The legal standard boils down to whether the “four corners” of the complaint itself state a plausible basis for relief if everything alleged is taken as true.
This is a lower burden for plaintiffs to overcome versus summary judgment down the road. But courts won’t just accept speculative or conclusory allegations – factual assertions still have to make the claims plausible.

What Happens After a Motion to Dismiss is Filed?

There are a few different ways things may play out after a motion to dismiss gets filed:

The Judge Grants the Motion

If the judge agrees with the defense arguments, an order will be issued dismissing the case. Sometimes this is with prejudice (meaning it’s over for good) or without prejudice (allowing the plaintiff to try fixing the issues in an amended complaint).

The Judge Denies the Motion

If the judge feels the complaint meets the minimum pleading standards, the motion will be denied. Typically an order will lay out the reasons the judge thinks each claim has been adequately pled giving the defense notice going forward.

The Plaintiff Seeks to Amend

Under Rule 15, plaintiffs usually have one chance to amend defective claims by filing an amended complaint rather than getting dismissed. This allows the plaintiff to fix any deficiencies raised in the motion – like adding more facts to support each element of the claims.

The Parties Engage in Discovery

If a motion to dismiss is denied, the next phase usually involves exchanging documents, answering written questions, and taking depositions to uncover evidence related to the disputed issues. This “discovery” phase can take months to complete.

Settlement Discussions May Occur

Any time after a motion gets filed, the parties may engage in settlement talks to avoid further litigation costs and risks. Many cases end early through negotiated settlement agreements.

Key Takeaways

Motions to dismiss allow defendants to take a shot at ending the lawsuit right away if the complaint has legal problems. Judges must take all allegations as true, but can toss cases if the claims aren’t plausible. If the motion is denied, the lawsuit continues on and things shift to the discovery phase.
Understanding the arguments and processes around motions to dismiss is helpful for anyone on either side of a civil case or thinking about filing suit. Legal counsel can also provide guidance specific to the situation based on jurisdiction and the nuances involved.