motion to dismiss

motion to dismiss definition - legal

n

In civil litigation, a written submission to the court at a preliminary stage of the case, generally before the defendant answers, seeking dismissal of the case on one of several grounds, including lack of jurisdiction over the person or subject matter, and failure of the plaintiff to allege requisite elements of the cause of action asserted in the complaint, etc.; may be granted with or without leave given to plaintiff to amend his complaint to correct deficiencies.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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