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 Rhode Island, a motion to dismiss is governed by the Rhode Island Rules of Civil Procedure, specifically Rule 12(b). This rule outlines the various grounds upon which a defendant can request the court to dismiss a case. These grounds include lack of jurisdiction over the subject matter or the person, improper venue, insufficiency of process, insufficiency of service of process, and failure to state a claim upon which relief can be granted, among others. The motion to dismiss is typically filed early in the litigation process, often before the defendant files an answer to the complaint. If the motion is granted, the case is dismissed without a trial. If the motion is denied, the case proceeds. It is important for parties considering such a motion to consult with an attorney to ensure proper grounds and procedural compliance.