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A term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.
When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff's case.The parties (well, their lawyers) will come to court, explain their positions on the motion to dismiss, and answer any questions posed by the judge. Finally, the judge will decide to grant or deny the motion.
A motion to dismiss or motion for dismissal is a motion made in a civil case, where one party asks the court to dismiss or throw out the case without reviewing all of the facts and legal arguments of the case.
A request for involuntary dismissal can be made by a defendant through a motion for dismissal, on grounds that the other party is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure.