Motion Sample Form
A Motion to Dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation. A Motion to Dismiss may be filed at any time during the litigation process. The party must state in detail why there is enough factual evidence and legal basis to have the lawsuit dismissed. A judge will review the motion to determine its merit, and if he or she determines there is not enough evidence or any legal basis to bring the suit any further, the claim will be dismissed.