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 West Virginia, a motion to dismiss is governed by the West Virginia Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. This procedural device allows a defendant to request the court to terminate a lawsuit on various grounds before the case proceeds to trial. Common reasons for filing a motion to dismiss include 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. The motion to dismiss is typically filed after the complaint is served but before the filing of an answer or other responsive pleading. If the court grants the motion, the case is dismissed and terminated without a trial on the merits. However, depending on the specific grounds for dismissal, the plaintiff may be allowed to correct the deficiencies in their case and refile.