What is a "motion to dismiss"?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

A "motion to dismiss" is a formal request made to the court seeking the termination of a legal proceeding. This can occur for various legal reasons, such as arguing that the complaint does not have sufficient legal grounds, lacks jurisdiction, or that the statute of limitations has expired. Essentially, it contends that even if all the allegations in the complaint are true, they do not present a viable cause of action that warrants proceeding to trial. The motion is an essential procedural tool that parties can use to challenge the sufficiency of the opposing party's claims before engaging in a potentially lengthy and costly trial process.

In the context of the other options, while a request for a trial date relates to scheduling, it does not address the merits of the claims themselves. Including additional parties in a lawsuit pertains to amending pleadings rather than dismissing the case. Changing legal representation is a procedural matter concerning how a party is represented but does not engage with the dismissal of a case. Hence, the characterization of a motion to dismiss as a motion requesting dismissal for various legal reasons is accurate and highlights its essential role in civil procedure.

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