A motion to dismiss raises threshold defects. Rule 12(b) grounds include lack of subject-matter or personal jurisdiction, improper venue, insufficient process or service, failure to state a claim, and failure to join a required party.
Certain defenses are waived if not raised in the first responsive filing, so the motion must be comprehensive as to those grounds.
Alternative Names:
MTD, Motion to Dismiss the Complaint
Why it Matters?
Dismissal motions are the cheapest opportunity to narrow a case, and even partial success removes claims that would otherwise drive discovery scope. The strategic question is whether to move or answer: a motion that merely delays and educates the plaintiff on how to replead can be worse than proceeding, particularly where amendment will cure the defect. Moving on jurisdiction or a statutory prerequisite is a different calculation, since those defects are often not curable.
Frequently Confused with
Related terms
Frequently asked questions
Which defenses are waived if not raised in the first motion?
Should a defendant always move to dismiss?
