Motion to Dismiss



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Definition of Motion to Dismiss

A motion to dismiss is a court action which asks the court to dismiss the plaintiff's cause of action. A motion to dismiss can be requested on the following grounds 1) the court does not have jurisdiction; 2) the defense is founded upon the evidence; 3) the plaintiff does not have a legal capacity to sue; 4) another cause of action is pending between the plaintiff and defendant in another court; 5) the cause of action has been resolved through arbitration; 6) the pleading did not state a cause of action.



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