Define: Motion For Dismissal

Motion For Dismissal
Motion For Dismissal
Quick Summary of Motion For Dismissal

A motion for dismissal is a formal request made by a party in a legal proceeding, typically the defendant, asking the court to dismiss the case for various reasons, such as lack of jurisdiction, failure to state a claim, or procedural defects. This motion aims to terminate the litigation without a trial, arguing that the plaintiff’s complaint does not warrant further legal proceedings or that there are legal deficiencies that render the case legally invalid. The court will consider the arguments presented by both parties before deciding whether to grant or deny the motion for dismissal. If granted, the case will be dismissed, and the plaintiff may have the opportunity to amend their complaint or appeal the decision.

What is the dictionary definition of Motion For Dismissal?
Dictionary Definition of Motion For Dismissal
(non-suit) n. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case. Attorneys most often make this motion after the plaintiff or prosecutor has presented all the evidence they have, but they can make it at the end of the evidence presentation but before judgment or upon evidence being presented that proves to the judge that the defendant cannot lose. Quite often this is an oral motion, and arguments are made in the judge's chambers where the jury cannot hear. It is also sometimes called a motion for nonsuit.
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This glossary post was last updated: 29th March, 2024.

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