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A plaintiff can file a motion to voluntarily dismiss the case before the defendant has filed their answer. After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case.But a plaintiff can file the motion to dismiss the lawsuit before you file your Answer. A motion to dismiss is a formal request for a court to dismiss a case. Settlement. Reasons for dismissal vary. When you file a civil complaint, the defendant may file a motion to dismiss your case. Learn the grounds for these motions and how to combat them. A motion to dismiss is filed when a party believes that the complaint is legally invalid, which can be based on a variety of grounds. A motion to dismiss is filed when the plaintiff believes that the defendant has not stated a claim upon which relief can be granted. The first type of motion to dismiss is filed when there's no cause of action.