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 New Hampshire, a motion to dismiss is governed by the New Hampshire Rules of Civil Procedure, specifically 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 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 necessary party. A motion to dismiss based on the statute of limitations would fall under the failure to state a claim upon which relief can be granted. The motion to dismiss is typically filed after the complaint is served and before the filing of an answer or other responsive pleading. If the court grants the motion, the case is dismissed and terminated without further hearings or a trial. However, depending on the specific grounds for dismissal, the plaintiff may be allowed to correct the deficiencies in their case and refile. It's important for parties considering filing a motion to dismiss to consult with an attorney to ensure that the motion is appropriate and timely under the circumstances of their case.