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 Nebraska, a motion to dismiss is governed by the Nebraska Court Rules of Pleading in Civil Cases, specifically under sections such as NE R Civ P 12(b). This procedural device allows a defendant to challenge the legal sufficiency of a complaint before fully engaging in the litigation process. The grounds for dismissal in Nebraska generally align with the common bases listed, such as the expiration of the statute of limitations, lack of jurisdiction (both subject-matter and personal), improper venue, issues with the process or service of process, failure to state a claim, and failure to join a necessary party. If a motion to dismiss is granted, the case may be terminated without a trial. However, depending on the nature of the dismissal, the plaintiff may be able to correct the deficiencies in the complaint and refile. It's important for parties considering such a motion to consult with an attorney to understand the specific procedural requirements and potential consequences of filing a motion to dismiss in Nebraska.