Legal Definitions - motion for dismissal

A motion for dismissal is a formal request made by a defendant in a lawsuit or criminal prosecution, asking the judge to end the case early. The defendant argues that the opposing party – either the plaintiff in a civil case or the prosecution in a criminal case – has failed to present enough evidence to legally support their claims, meaning they cannot possibly win the case. If the judge agrees, the case is dismissed, and the defendant is not required to present their own defense. This motion is typically made after the plaintiff or prosecution has presented all of their evidence.

Here are a few examples illustrating how a motion for dismissal might be used:

• Civil Case - Breach of Contract: Imagine a small business owner (the plaintiff) sues a supplier (the defendant) for breach of contract, claiming the supplier failed to deliver goods as agreed. During the trial, the business owner presents emails and invoices but fails to produce a signed contract or any clear evidence that a binding agreement was ever finalized, or that the supplier specifically violated its terms. After the business owner finishes presenting their evidence, the supplier's attorney could make a motion for dismissal. They would argue that even if all the business owner's evidence were believed, it doesn't legally prove a contract existed or was breached, thus the business owner has no legal basis to win.

• Criminal Case - Assault: Consider a person on trial for assault. The prosecution presents testimony from the alleged victim and a witness, but their accounts are contradictory regarding who initiated the physical altercation. Furthermore, the prosecution presents no forensic evidence, security footage, or other corroborating proof to definitively show the defendant was the aggressor or committed the assault as charged. Once the prosecution rests its case, the defense attorney could make a motion for dismissal. They would contend that the prosecution's evidence is so weak and inconsistent that no reasonable jury could find the defendant guilty beyond a reasonable doubt, and therefore, the case should not proceed further.

• Civil Case - Product Liability: An individual (the plaintiff) sues a manufacturing company (the defendant), claiming a defect in their product caused an injury. The plaintiff presents medical records of their injury but offers no expert testimony, engineering reports, or other evidence to demonstrate that the product was actually defective, or that any alleged defect was the direct cause of their specific injury. Following the plaintiff's presentation of evidence, the manufacturing company's legal team would likely file a motion for dismissal. They would argue that the plaintiff has failed to provide the necessary legal proof (such as a link between a product defect and the injury) to establish a product liability claim, making it impossible for them to win the lawsuit.