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 Mississippi, a motion to dismiss is governed by the Mississippi Rules of Civil Procedure, particularly Rule 12(b). This rule outlines the various grounds upon which a party 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 or service of process, and failure to state a claim upon which relief can be granted, among others. The motion to dismiss is typically filed by the defendant after being served with the plaintiff's complaint but before filing an answer or other responsive pleading. If the motion is granted, the case may be dismissed in whole or in part. If the motion is based on a curable defect, such as improper service, the plaintiff may be given an opportunity to correct the issue. It's important to note that if a case is dismissed for failure to state a claim, the dismissal is often without prejudice, meaning the plaintiff may be allowed to amend the complaint and refile. However, dismissals based on jurisdiction, venue, or statute of limitations may be with prejudice, preventing the plaintiff from bringing the claim again.