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 Hawaii, a motion to dismiss is governed by the Hawaii Rules of Civil Procedure (HRCP), which are similar to the Federal Rules of Civil Procedure. Attorneys may file a motion to dismiss on various grounds, including but not limited to 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 HRCP Rule 12. This motion is typically filed after the complaint is served and before the filing of an answer or other responsive pleading. The court will consider the motion and, if it finds the arguments compelling, may dismiss the case either with prejudice (meaning the case is permanently closed) or without prejudice (allowing the plaintiff to correct the deficiencies in the complaint and possibly refile).