Motion to Dismiss – due to settlement, voluntary withdrawal, or one of several procedural defects

motion to dismiss:
(18c.)

1. A request that the court dismiss the case because of settlement, voluntary withdrawal, or a procedural defect. Under the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss the case (Rule 41(a)) or the defendant may ask the court to dismiss the case, usually based on one of the defenses listed in Rule 12(b). These defenses include

defendant will frequently file a motion to dismiss for failure to state a claim, which is governed by Rule 12(b)(6), claiming that even if all the plaintiff’s allegations are true, they would not be legally sufficient to state a claim on which relief might be granted. – Abbr. MTD.  See DEMURRER. [1]

1. A formal request to the court that the plaintiff’s lawsuit be terminated without further consideration. [2]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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