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 Connecticut, a motion to dismiss is governed by the Connecticut Practice Book, which outlines the rules and procedures for civil litigation in state courts. This motion can be filed by a defendant to challenge the legal sufficiency of the claims against them before the case proceeds to full trial. Common grounds for filing a motion to dismiss in Connecticut include the expiration of the statute of limitations, lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a necessary party under Connecticut law. If the court grants the motion to dismiss, the case is terminated at that stage, although the plaintiff may have options to amend the complaint or appeal the decision, depending on the specific grounds for dismissal. It is important for parties considering such a motion to consult with an attorney to understand the implications and the proper procedures to follow.