Asks the court to throw out a complaint as legally insufficient. Filed before answering. The most common pretrial dispositive motion in federal court.
A request asking the court to throw out some or all of a complaint without further proceedings. The most common ground is Rule 12(b)(6) — that even if everything in the complaint is true, the law gives no remedy. Other grounds include lack of jurisdiction, improper venue, insufficient service, and failure to join a required party.
Filed early — usually before answering the complaint. Defendants use it to test whether the complaint states a legally sufficient claim, raise jurisdictional defects, or knock out specific counts before the cost of discovery starts.
The plaintiff typically opposes with a brief defending the complaint's allegations and, if the motion is on 12(b)(6) grounds, asks for leave to amend the complaint if the court is inclined to grant the motion. Many plaintiffs preemptively file an amended complaint to moot the motion.
Three outcomes: granted (case or count is dismissed, often with leave to amend), denied (case proceeds to answer and discovery), or granted-in-part (some claims survive, others fall). Dismissal with prejudice is final; without prejudice means the plaintiff can refile.