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 Oregon, a motion to dismiss is governed by the Oregon Rules of Civil Procedure (ORCP). This procedural device allows a defendant to request the court to terminate a lawsuit on various grounds before the case proceeds to trial. Common reasons for filing a motion to dismiss include the expiration of the statute of limitations, lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a necessary party under ORCP Rule 21. The motion to dismiss for failure to state a claim, often referred to as a Rule 21 A motion, is particularly significant as it tests the legal sufficiency of the claims. If the court grants the motion, the case is dismissed 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 the case. It is important for parties considering such a motion to consult with an attorney to understand the specific requirements and potential consequences of filing a motion to dismiss in Oregon.