What is it when an attorney motion to dismiss a claim, under rule 12(b)?

Full question:

What is it when an attorney motion to dismiss a claim, under rule 12(b)?

  • Category: Courts
  • Subcategory: Dismissal
  • Date:
  • State: Alabama

Answer:

A motion to dismiss a claim under Federal Rules of Civil Procedure 12(b) is a motion to dismiss a lawsuit based on lack of subject matter jurisdiction, lack of jurisdiction over the person, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted or failure to join parties.

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FAQs

A motion to dismiss is a legal request asking the court to terminate a case before it goes to trial. It argues that even if all the facts presented by the plaintiff are true, there are legal reasons that prevent the case from proceeding. Common grounds include lack of jurisdiction, failure to state a valid claim, or improper venue.