A motion to dismiss is a formal request (usually in a written motion) asking the court to dismiss a lawsuit or case for one of the reasons described in the relevant state or federal rule of civil procedure.

A motion to dismiss is usually filed in the early stages of the litigation and may be required before the party files any other pleading. Some of the common bases on which a case may be dismissed by the court include: (1) statute of limitations expired; (2) lack of subject-matter jurisdiction; (3) lack of personal jurisdiction; (4) improper venue; (5) insufficient process; (6) insufficient service of process; (7) failure to state a claim upon which relief can be granted; and (8) failure to join a party.

In Alaska, a motion to dismiss is governed by Alaska Rules of Civil Procedure, particularly Rule 12(b). This rule outlines the grounds upon which a party can request the court to dismiss a case. These grounds include lack of jurisdiction over the subject matter, lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, and failure to join a necessary party. The motion to dismiss for failure to state a claim, under Rule 12(b)(6), is commonly used to challenge the legal sufficiency of the opponent's case. If the statute of limitations has expired on a claim, this can also be a basis for dismissal. The motion is typically filed after the complaint is served and before the filing of an answer or other defensive pleadings. If granted, the dismissal may be with or without prejudice, meaning the case is either permanently dismissed or the plaintiff may be allowed to correct the deficiencies in the complaint and refile.