Motion To Dismiss For Failure To Prosecute Without Cause
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FAQ
A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant's favor ? most often denying the plaintiff the opportunity to go to trial.
The Rule asks whether (i) based entirely on the content of the pleading; (ii) there is a question of law that will dispose of the action or an issue therein. No evidence is considered on the motion, except on leave of the court or consent of the parties.
No reasonable cause of action/defence For example, a cause of action that makes out a duty of care that is not based on a recognized legal duty may well disclose no reasonable cause of action: no amount of evidence called at trial could make a duty exist where it has no legal basis.
Motion to strike The moving party must demonstrate that it is 'plain and obvious' that the opposing side's pleadings are deficient and disclose no reasonable cause of action or defence.
1 Rule 21 of the Federal Rules of Civil Procedure states: Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.