Motion to dismiss
A motion to dismiss asks a court to end a lawsuit, or part of one, early, arguing the complaint is legally insufficient even if its facts were true.
Also called: Rule 12(b)(6) motion, 12(b)(6), motion to dismiss for failure to state a claim
A motion to dismiss asks a court to end a lawsuit, or part of one, early, arguing the complaint is legally insufficient even if its facts were true.
What it means
A motion to dismiss is a request that the court throw out a lawsuit, or some of its claims, before the case goes further. It is usually the defendant's first major response to a complaint.
Under Federal Rule of Civil Procedure 12(b), a defendant can argue, among other things, that:
- the court lacks subject-matter jurisdiction or personal jurisdiction
- the venue is improper
- the papers or service were defective
- the complaint fails to state a claim on which relief can be granted
That last argument, Rule 12(b)(6), is among the most common. The court treats the complaint's facts as true and asks whether they plausibly add up to a legal claim. The Supreme Court calls this the plausibility standard.
The judge can grant the motion, deny it, or grant it in part, often letting the plaintiffs amend and try again. Serving the motion generally delays the deadline to answer the complaint. If the motion is denied, the case moves on to discovery. Lack of standing is often raised this way, too.
What it means for you
A ruling on a motion to dismiss is often the first sign of whether a case could turn into a settlement. If the case is dismissed entirely, there is nothing to claim. If it survives, the case usually moves toward discovery and class certification, and many cases then settle. A denial is not a finding that the company did anything wrong. It means the complaint was good enough on paper. News that "a judge let the case proceed" does not mean money is available. A claim form opens only after a settlement is reached and the court allows notice to go out, so ignore anyone who says you can claim early.
Example
Say a customer sues a software company, claiming its "unlimited storage" plan was misleading. The company files a motion to dismiss, arguing that the terms disclosed the limits. The judge treats the customer's facts as true for now, finds the claim plausible and denies the motion. Discovery begins. A second claim in the same complaint, based on a law that doesn't cover the product, is dismissed.
FAQ
No. It is only a request to end the case early. If the judge denies it, the case continues; if the judge grants it, the plaintiffs can often amend or appeal, and neither result is a finding about what the company actually did.
Under the Supreme Court's decision in Ashcroft v. Iqbal, a complaint needs enough factual detail, taken as true, to state a claim that is plausible on its face. Labels and bare conclusions are not enough.
Related terms
- Fed. R. Civ. P. 12, Defenses and Objections (Cornell Legal Information Institute)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (U.S. Reports, Library of Congress)
Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.