A motion is a request to the court to do (or not do) something.
Dismiss means to throw out.
With prejudice means it can not be brought again.
If dismissed without prejudice, it can be brought again at a later time.
So, a motion to dismiss with prejudice is a request to the court to throw out the issue and never let it be brought again.
It's a writ, usually filed by a trial counsel, asking the court to dismiss a charge or complaint against a person due to factors named in the writ. Like the lack of evidence, or failure of the complainant to appear as an example.
A Motion for Dismissal is drawn up after a Complaint is received when the Defendant has reason to believe the Complaint is invalid.
There are certain reasons that courts will accept such as the wrong venue; the Complaint is against someone who is not a party to it; if the Complaint was not served properly.
It is usually best not to ask for a dismissal if the cause is not one of the above because it shows your hand. The other side can just do a revised complaint and you're right back where you started. You could better just do an Answer to the Complaint and have one of your answers reflect the reason you think the case is not valid.
If it is being used as the title of the motion, it is; to wit: Motion to Dismiss. If it is used in the body of the motion, it is permissible to use lower case letters; to wit: "The Defendant files his motion to dismiss and states..."
When you want a court to do something, you make a motion. If you make a motion to dismiss, you move to dismiss. If I moved to dismiss, I'm asking the court to dismiss whatever case is in front of me.
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
So long as a court has not ruled on a pending Motion to Dismiss, you may amend your complaint.
Yes, you can submit as many motions as you wish.
Motion to dismiss
Dismissal.
A lawyer can use a motion to dismiss during a hearing for a number of reasons. One of the reasons a lawyer can use a motion to dismiss during the hearing is if the plaintiff (the person who brings the suit to court) fails to present a valid and legal claim for the case.
A motion to dismiss can be entered any time after indictment or charge, and before disposition is entered at trial. The more critical factor is finding adequate grounds for the dismissal.
motion to dismiss
no
You could file a motion.