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Writing a successful motion to dismiss requires clarity, and a strong ability to apply the law to the relevant facts. Motions seeking a pretrial dismissal generally are of two types: motions to dismiss and motions for summary judgment.There are motions to dismiss that an attorney can make, where they ask the judge to dismiss the case based on their reasoning and explanation. We can provide you with samples of court forms that are available. • We can provide you with guidance on how to fill out forms. In any event, an order denying a motion to dismiss is not appealable. A motion to dismiss might be in writing or it could be made verbally in court. Customer: How do I fill a motion for dismissal due to lack of jurisdiction? Lawyer's Assistant: What state are you in? The Judge's Attitude On Motions To Dismiss.