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 Dakota, a motion to dismiss is governed by the South Dakota Rules of Civil Procedure, which align with many of the principles found in the Federal Rules of Civil Procedure. An attorney may file a motion to dismiss on behalf of their client for various reasons, 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 motion is typically filed after the complaint but before further pleadings, and it challenges the legal sufficiency of the claims without delving into the factual merits. If the court grants the motion, the case can be dismissed in whole or in part. If the dismissal is without prejudice, the plaintiff may be able to correct the deficiencies and refile the case. If it is with prejudice, the dismissal is final, and the claims cannot be brought again.