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 Florida, a motion to dismiss is governed by the Florida Rules of Civil Procedure, specifically Rule 1.140. This rule allows a defendant to seek dismissal of a lawsuit on various grounds, including but not limited to 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 must be filed before submitting any other pleadings, except for a motion for extension of time to serve a responsive pleading. If the court grants the motion to dismiss for failure to state a claim, the plaintiff may be given an opportunity to amend the complaint to correct the deficiencies. If the motion is granted on jurisdictional grounds, the case may be terminated without prejudice, allowing the plaintiff to potentially refile in a proper jurisdiction.