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 Washington State, a motion to dismiss is governed by the Washington Civil Rules for Superior Court, 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 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, among others. An attorney may file a motion to dismiss before filing an answer to the complaint, and the motion must be made in accordance with the procedural requirements set forth in the rules. If the court grants the motion to dismiss for failure to state a claim, the plaintiff may be given an opportunity to amend the complaint. It's important to note that the specific application of these rules can vary based on the details of the case and the court's interpretation of the law.