Motion For Dismissal Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Motion For Dismissal, written in plain English, along with examples of how it is used.
What is Motion For Dismissal?
(n) Motion of dismissal is the formal request made by a defendant to rule that the plaintiff or the prosecutors has not proven or cannot prove their cause. A motion of dismissal is also referred to a motion for non-suit showing there is no cause for a trial.
History and Meaning of Motion For Dismissal
A motion for dismissal is a legal request made by a defendant, asking the court to dismiss all or some of the charges against them due to a lack of evidence or legal basis for the claim against them. Essentially, it is a request by the defendant to dismiss the case without going to trial.
The procedural history of a motion of dismissal can vary depending on the jurisdiction, but generally, it is made early on in the case, often after the plaintiff or prosecutor has presented their case or some of their evidence. The legal basis for granting a motion of dismissal can also differ by jurisdiction, but it often involves the failure to meet the required legal burden of proof or a failure to state a legally sufficient claim.
Examples of Motion For Dismissal
- In a criminal case, a defendant may file a motion for dismissal if the prosecutor fails to present sufficient evidence to support a conviction.
- In a civil lawsuit, a defendant may file a motion for dismissal if the plaintiff fails to state a legal claim or if there is insufficient evidence to support the claim.
- A defendant in a traffic violation case may file a motion for dismissal if the arresting officer did not have probable cause for the traffic stop.
Legal Terms Similar to Motion For Dismissal
- Summary judgment - A motion for summary judgment is a request for the court to rule in favor of a party without a trial based on the evidence presented.
- Motion to suppress - A motion to suppress is a request to exclude evidence from being used at trial on the basis that it was obtained unlawfully or in violation of the defendant's constitutional rights.
- Motion to quash - A motion to quash is a request to nullify or void a summons, warrant, or other legal process that is legally defective.