Can I Ask the Court to Dismiss the Claims Against Me?

A Motion to Dismiss as Part of Your Legal Strategy

There are basically three points in a lawsuit where the court can dispose of the claims against you: a motion to dismiss at the beginning of a case, a motion for summary judgment after the parties have completed discovery, and after all of the evidence at trial.

To dismiss a case at the very beginning, you have to have a legal defense that would defeat the plaintiff's claims even if all of the facts they claim were true. If the claim was brought outside of the statute of limitations, you may be able to dismiss it based on their failure to meet time limits. Another example is if the plaintiff was required to first go to an administrative agency and failed to do so. Rarely, but sometimes, a complaint simply fails to claim facts that would support the plaintiff's claims. More often than not, you will have to go through at least some discovery before you can ask the court to dismiss the claims. You should discuss with your attorney whether there are any legal issues in play that could support a motion to dismiss.

Learn more here about what to expect as a defendant in a civil lawsuit.