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 Kansas, a motion to dismiss is governed by the Kansas Code of Civil Procedure. Attorneys may file a motion to dismiss on various grounds, such as the expiration of the statute of limitations, lack of subject-matter or personal jurisdiction, improper venue, insufficient process or service of process, failure to state a claim upon which relief can be granted, or failure to join a necessary party under Kansas law. These motions are typically filed after the complaint is served and before the filing of an answer or other responsive pleading. The Kansas statutes and the rules of the specific court will outline the procedure for filing such a motion, including any time limits and requirements for serving the motion on the other parties. If the court grants a motion to dismiss, the case is terminated at that stage, although the plaintiff may have options to amend the complaint or appeal the dismissal in certain circumstances.