If a judge accepts that motion, the entire complaint or some of the counts might be completely dismissed with a court order. In this case, a party can submit a motion to dismiss in accordance with procedural rules. A motion usually asks a judge to take a specific action and start a criminal procedure.Ī motion to dismiss is submitted when one party believes that a claim included in their opposing party’s complaint or counterclaim is legally invalid or is lacking the right evidence to back it up. A formal request is presented in writing by one of the parties involved in the legal issue or legal dispute. In legal terms and certain lawsuits, anything referred to as a motion is considered a formal request. Counterclaims are allegations of wrongdoing filed by the defendant against the plaintiff in response to the plaintiff’s own accusations.

The defendant will move to dismiss the plaintiff’s complaint, and the plaintiff will move to dismiss the defendant’s counterclaims. A motion to dismiss the complaint can be filed by either side at any time. Each count is a separate claim for which the law may entitle them to the relief they seek.Ī motion to dismiss is an attempt by either side (the defense or the prosecution) to have a case thrown out by the courts. A complaint can contain one or many separate claims called counts. If the defendant’s counsel believes that the complaint has no basis in law, in fact, or is otherwise without merit, they can make a motion for dismissal.

The complaint is a statement of the case and accusations made against the individual, group, or entity. In typical legal proceedings, a plaintiff will have a complaint served on the defendant.

Motion to dismiss standard