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 Maryland, a motion to dismiss is governed by the Maryland Rules of Civil Procedure, particularly Rule 2-322. This motion can be filed by a defendant to challenge the legal sufficiency of a complaint before responding to the substance of the case. The grounds for filing a motion to dismiss in Maryland include but are 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. If the court grants the motion to dismiss on any of these grounds, the case may be terminated without a trial. However, depending on the specific ground, the plaintiff may be allowed to correct the deficiency and refile the case. It is important for parties considering a motion to dismiss to consult with an attorney to understand the strategic implications and the potential outcomes of such a motion.