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The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
Filing requirements Motion must be signed by the filing party. Motion must clearly state which party is being dismissed. The Motion must contain a Certificate of Service. It is not necessary to upload a proposed order - the court will prepare one.
A procedural device that enables defendants to try to dispose of some or all of a plaintiff's claims at the beginning of a case. Federal Rule of Civil Procedure (FRCP) 12Opens in a new window governs federal motions to dismiss.