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 Vermont, a motion to dismiss is governed by the Vermont Rules of Civil Procedure, specifically Rule 12(b). This rule allows a defendant to request the court to dismiss a case on several grounds, including 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. The motion to dismiss for failure to state a claim, under Rule 12(b)(6), is commonly used to challenge the legal sufficiency of the claims. If the statute of limitations has expired on the claim, this can also be a basis for dismissal. The motion is typically filed after the complaint is served and before the filing of an answer or other responsive pleading. If the court grants the motion, the case is dismissed without a trial. However, depending on the nature of the dismissal, the plaintiff may be able to correct the deficiencies in the complaint and refile the case.