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 Utah, a motion to dismiss is governed by the Utah Rules of Civil Procedure, particularly Rule 12(b). This rule outlines the various grounds upon which a party can request the court to dismiss a case. These grounds include lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, and failure to state a claim upon which relief can be granted. Additionally, a case may be dismissed if the statute of limitations has expired or if there is a failure to join a necessary party under Rule 19. A motion to dismiss is typically filed by the defendant after being served with the plaintiff's complaint but before filing a responsive pleading. If the court grants the motion, the case is terminated at that stage. However, depending on the specific grounds for dismissal, the plaintiff may be allowed to correct the deficiencies in their case and refile.