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 Wisconsin, a motion to dismiss is governed by the Wisconsin Statutes and the Wisconsin Rules of Civil Procedure. Parties may file a motion to dismiss for various reasons, 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 under Wisconsin Statute § 802.06. This motion is typically filed after the complaint but before any other pleadings, and it challenges the legal sufficiency of the claims. If the court grants the motion, the case can be dismissed either with or without prejudice, depending on the specific grounds for dismissal and whether the issue can be corrected by the plaintiff.