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Dictionary · Courts and procedure

Motion to Dismiss

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A motion to dismiss asks a court to end a case at the outset because, even if the facts alleged are true, they do not state a legal claim. Its resolution is a major checkpoint in the life of a matter.

The motion is typically decided on the pleadings. A grant can end the case or require amendment, and a denial lets the case proceed to discovery. Time to decision varies widely by court.

Because it re-times the clocks and changes the probabilities, the ruling is a natural trigger for re-underwriting. A matter that survives the motion has been sorted among its peers, and its conditional distribution shifts.

A motion to dismiss is not a decision on the merits of the facts. It tests the legal sufficiency of the claim as pleaded.

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Related Terms
Summary JudgmentCheckpointRe-UnderwritingDiscoveryDisposition

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