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 Tennessee, a motion to dismiss is governed by the Tennessee Rules of Civil Procedure, particularly Rule 12. This rule allows a defendant to request the court to dismiss a case on various grounds, such as 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. The motion to dismiss is typically filed at the beginning of the litigation process and must be filed before submitting any other pleadings, except in certain circumstances where it can be raised in a later pleading or at the trial on the merits. If the court grants the motion, the case is dismissed without a trial. However, depending on the grounds for dismissal, the plaintiff may be able 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 and the strategic considerations involved in filing one.