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 Idaho, a motion to dismiss is governed by the Idaho Rules of Civil Procedure (IRCP), particularly Rule 12(b). This rule allows a defendant to request the court to dismiss a case on several grounds, including lack of jurisdiction over the subject matter or the parties, improper venue, insufficiency of process or service of process, and failure to state a claim upon which relief can be granted. A motion to dismiss for failure to state a claim is often referred to as a Rule 12(b)(6) motion. The statute of limitations defense can also be raised in a motion to dismiss if the time period for filing the lawsuit has expired. 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. It is important for parties considering such a motion to consult with an attorney to understand the specific requirements and potential consequences of filing a motion to dismiss in Idaho.