![]() ![]() ![]() Additionally, a motion to dismiss may be filed if the defendant waives his or her right to a speedy trial, has been granted immunity or a pardon, or if that defendant had been previously tried for the same offense, which is known as double jeopardy. ![]() In some cases, there may even be a legal issue at stake but the statute of limitations has expired, meaning the court can no longer deliver a verdict. This motion helps ensure that disputes that involve no legal issue do not end up wasting the court’s time and resources. The moving party in such a case may concede that the facts of the case are true, but that the case should nonetheless be dismissed because there is no legal issue presented in those facts that the court can rule on. In other words, when a motion to dismiss happens, the moving party is not contesting the facts as presented by the other party, but merely saying that the claim at issue is not a legal one on which the court has any say.Ī motion to dismiss is one of the most important motions to understand in U.S. Motion to dismissĪ motion to dismiss, which is more popularly known as “throwing out” a case, is requested when one side (usually the defendant) contends that the plaintiff’s claim is not one on which the court can rule. While there are lots of different types of legal motions, the ones below tend to stand out for being both very common and very important to individual cases. ![]()
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