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 Maine, a motion to dismiss is governed by the Maine Rules of Civil Procedure, specifically Rule 12(b). This rule outlines the various grounds upon which a defendant can request the court to dismiss a case. These grounds include lack of jurisdiction over the subject matter or the person, improper venue, insufficiency of process, insufficiency of service of process, and failure to state a claim upon which relief can be granted, among others. If a case is dismissed for reasons such as the statute of limitations having expired or failure to join a necessary party, it means the court has determined that the legal basis for the lawsuit is insufficient to proceed. It is important for parties to file such motions in a timely manner, typically before filing a responsive pleading or, in some cases, concurrently with an answer to the complaint. If the court grants a motion to dismiss, the dismissal may be with or without prejudice, affecting whether the plaintiff can refile the case. An attorney can provide specific guidance on the strategic use of a motion to dismiss and the likelihood of success given the particular circumstances of a case.