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 Minnesota, a motion to dismiss is governed by the Minnesota Rules of Civil Procedure, particularly Rule 12.02, which outlines the various grounds upon which a party can request the court to dismiss a case. These grounds include lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, and failure to join a party under Rule 19. A motion to dismiss for failure to state a claim, under Rule 12.02(e), is commonly used to challenge the legal sufficiency of the claims. If the statute of limitations has expired, this can also be a basis for dismissal, although it may be raised in a motion for summary judgment if not included in the initial motion to dismiss. The motion to dismiss is typically filed early in the litigation process, often before the defendant files an answer to the complaint. If the court grants the motion, the case may be dismissed in whole or in part. However, depending on the specific grounds for dismissal, the plaintiff may be allowed to amend the complaint to correct deficiencies.