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 Virginia, a motion to dismiss is governed by the Virginia Rules of Civil Procedure and relevant case law. It is a pre-trial motion that a defendant can file to ask the court to dismiss a case for specific legal reasons. These reasons can include the expiration of the statute of limitations, lack of subject-matter jurisdiction (the court's authority to hear the type of case), lack of personal jurisdiction (the court's power over the parties involved), improper venue (the case being filed in the wrong geographical location), insufficient process (flaws in the way the lawsuit was initiated), insufficient service of process (defects in how the defendant was notified of the lawsuit), failure to state a claim upon which relief can be granted (the complaint does not allege facts that would lead to a legal remedy), and failure to join a necessary party to the case. If the court grants a motion to dismiss, the case is terminated at that stage, although the plaintiff may have options to amend the complaint or appeal the dismissal in certain circumstances. It is important for parties considering filing a motion to dismiss to consult with an attorney to ensure that the motion is appropriate and timely under Virginia law.