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 Alabama, a motion to dismiss is governed by the Alabama Rules of Civil Procedure, specifically Rule 12(b). This rule outlines the various grounds upon which a defendant can request the court to dismiss a case. These grounds include lack of jurisdiction over the subject matter or the person, improper venue, insufficiency of process or service of process, and failure to state a claim upon which relief can be granted, among others. If a case is dismissed for reasons such as the statute of limitations having expired, it means the plaintiff waited too long to file the lawsuit according to the time limits set by Alabama law. A motion to dismiss is typically filed after the complaint is served but before the filing of an answer or other defensive pleadings. If the court grants the motion, the case is terminated at that early stage. However, depending on the grounds for dismissal, the plaintiff may be able to correct the deficiencies in their case and refile. It is important for parties to understand that the strategic use of a motion to dismiss can significantly affect the progression of a lawsuit.