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 Mexico, a motion to dismiss is governed by the New Mexico Rules of Civil Procedure. Attorneys may file a motion to dismiss on various grounds, such as the expiration of the statute of limitations, lack of subject-matter or personal jurisdiction, improper venue, insufficient process or service of process, failure to state a claim upon which relief can be granted, or failure to join a necessary party. This procedural move is typically made at the beginning of a case, often before the defendant files an answer to the complaint. If the court grants the motion, the case is dismissed without a trial. The specific rules and procedures for filing a motion to dismiss in New Mexico can be found in Rule 1-012 of the New Mexico Rules of Civil Procedure. It is important for attorneys to adhere to these rules and provide the court with proper legal grounds and supporting arguments when seeking a dismissal of a case.