Civil Procedure
Motion to Dismiss
Definition
A motion to dismiss under Federal Rule of Civil Procedure 12(b) challenges the sufficiency of the plaintiff's case on procedural or substantive grounds before the defendant files an answer. Common grounds include lack of jurisdiction (12(b)(1) and 12(b)(2)), failure to state a claim (12(b)(6)), and insufficient service of process (12(b)(5)). Under Twombly and Iqbal, a complaint must contain sufficient factual matter to state a claim that is plausible on its face to survive a 12(b)(6) motion.
Example
A defendant moves to dismiss for failure to state a claim, arguing that the plaintiff's complaint contains only conclusory allegations without factual support.