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 North Carolina, a motion to dismiss is governed by the North Carolina Rules of Civil Procedure, specifically Rule 12(b). This rule allows a defendant to request the court to dismiss a lawsuit for various reasons, including but 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. Such a motion is typically filed early in the litigation process and must be filed before or at the time of the defendant's answer to the complaint. If the court grants the motion to dismiss, the case is terminated at that stage. However, depending on the grounds for dismissal, the plaintiff may be able to correct the deficiencies in their case and refile. It is important for parties considering filing a motion to dismiss to consult with an attorney to ensure proper grounds and procedures are followed.