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 Jersey, a motion to dismiss is governed by the New Jersey Court Rules, particularly Rule 4:6-2, which outlines the grounds for such a motion. 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 4:28. Additionally, the expiration of the statute of limitations can be a basis for dismissal, although it is typically raised through an affirmative defense in the answer rather than a motion to dismiss. A motion to dismiss for failure to state a claim, under Rule 4:6-2(e), is similar to the federal Rule 12(b)(6) and is often used to challenge the legal sufficiency of the allegations in the complaint. If the motion is granted, the dismissal may be with or without prejudice, depending on the specific defect and whether or not it can be corrected. An attorney representing a party in a New Jersey state court would file such a motion when they believe the case should not proceed due to one of these procedural or substantive deficiencies.