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 South Carolina, a motion to dismiss is governed by the South Carolina Rules of Civil Procedure, particularly 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. If a case is dismissed for reasons such as the statute of limitations having expired, it means that the plaintiff brought the case after the time allowed by law to file such a case. A motion to dismiss for failure to join a necessary party means that a person who should have been included in the lawsuit was not. These motions are typically filed before a defendant files an answer to the complaint, and if the court grants the motion, the case can be terminated at an early stage without a trial. However, depending on the specific grounds for dismissal, the plaintiff may have the opportunity to correct the deficiencies in their case and refile.