motion for dismissal


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motion for dismissal

n. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case. Attorneys most often make this motion after the plaintiff or prosecutor has presented all the evidence they have, but they can make it at the end of the evidence presentation but before judgment, or upon evidence being presented that proves to the judge that the defendant cannot lose. Quite often this is an oral motion, and arguments are made in the judge's chambers where the jury cannot hear. (See: motion)

References in periodicals archive ?
The startup is fighting back against the Web giant, filing a motion for dismissal in the trademark infringement case brought by Pinterest.
Hillman took the motion for dismissal under advisement.
But Morgan's motion for dismissal alleges that the completion of the investment was contingent on First Orion entering into a "significant agreement" with a national telecom company, and Fotta doesn't claim that First Orion did so during his tenure at the company.
TX) - joint motion for dismissal (non-infringement) pending.
After both sides presented and rested their cases, State Farm filed a motion for dismissal on the grounds the Rigsbys "have not proffered any legally sufficient evidence from which the jury could reasonably determine State Farm is liable to the government on any aspect of their case," says court documents filed by the insurer.
Her second motion for dismissal alleged that the complaint was a sham pleading.
He said he might reconsider a motion for dismissal later, but added: "I think we ought to develop the facts a little more" by letting the case against Premo and Randall proceed.
The Respondent's Motion for dismissal or in the alternative transfer to the D.
Ruling on Defense Motion for Dismissal Due to Lack of Jurisdiction Under the MCA in Regard to Juvenile Crimes of Child Soldier para.
to relitigate the same issues that Psystar and Apple have been contesting before the Honorable William Alsup on the Northern District of California for almost a year and a half," Apple argued in its motion for dismissal, which was filed with Hoeveler on Nov.
The presiding judge has yet to rule on the motion for dismissal.
Initially, the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law a motion for dismissal will fail.