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 Kentucky, a motion to dismiss is governed by the Kentucky Rules of Civil Procedure (CR). A party may file a motion to dismiss a lawsuit for various reasons, such as those listed in CR 12.02. These reasons include 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 is typically filed at the beginning of the litigation process and must be filed before submitting any other pleadings, except for a motion for an extension of time to plead. If the court grants the motion to dismiss for failure to state a claim, the dismissal is often without prejudice, allowing the plaintiff to amend the complaint and address the deficiencies. However, dismissals for jurisdictional issues or statute of limitations may be with prejudice, meaning the plaintiff is barred from filing another lawsuit on the same claim.