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 Michigan, a motion to dismiss is governed by both state statutes and the Michigan Court Rules. Under Michigan Court Rules (MCR 2.116), a party can file a motion to dismiss for various reasons, 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. This motion is typically filed after the complaint is served but before the filing of an answer or other responsive pleading. If the court grants the motion to dismiss, the case is terminated at that stage. However, depending on the grounds for dismissal, the plaintiff may be allowed to correct the deficiencies in their case and refile. It's important for parties considering such a motion to consult with an attorney to understand the specific procedural requirements and potential consequences of filing a motion to dismiss in Michigan.