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Glossary

Motion to dismiss

A motion asking the court to throw out a case at the very beginning: usually arguing that even if everything in the complaint is true, the plaintiff doesn't have a legally valid claim.

The most common kind of motion to dismiss in federal court is the Rule 12(b)(6) motion: for "failure to state a claim upon which relief can be granted." The court looks at the complaint, assumes the facts are all true, and asks whether those facts plausibly support a legal claim.

If the answer is no, the case is dismissed. If the answer is yes, the case proceeds to discovery.

Other grounds for motions to dismiss include lack of jurisdiction (the court has no power), improper venue (wrong location), insufficient service (the defendant wasn't properly served), and statute of limitations (the case is too old).