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 Ohio, a motion to dismiss is governed by the Ohio Rules of Civil Procedure, particularly Rule 12(B). This rule allows a party to request the court to dismiss a case for various reasons, including those listed in the topic description. The motion to dismiss must be made before filing a responsive pleading and can be based on issues 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, and failure to join a necessary party. If the court grants the motion, the case is dismissed without further consideration. However, depending on the grounds for dismissal, some dismissals may be without prejudice, allowing the plaintiff to correct the deficiencies in their case and refile. An attorney can provide specific guidance on the likelihood of success of a motion to dismiss based on the details of the case.