motion for dismissal

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 motion for dismissal of the case was by the state's attorney's office.
In their motion for dismissal, the couple stated Barjo whom they call "Shanti" had ample opportunities to leave while they were at work but she chose to stay.
The district court approved the state's motion for dismissal for lack of jurisdiction, prompting The Satanic Temple and Doe to appeal.
Paul Jarvan and William Moore Johnson argue in a motion for dismissal that the court's writ of arrest contained wrong form of action since there was no elements of force or compulsion to constitute criminal coercion in the allegation brought against the journalists.
Circuit, have adopted a policy of giving the government's motion for dismissal "unfettered discretion," while others, including the 10th Circuit, have applied a more "rational basis" test.
A demurrer is a motion for dismissal midway through a trial after the prosecution rests its case.
Their attorney also has a motion for dismissal on the table.
Instead, JetBlue filed a motion for dismissal for improper venue and Hawaiian Airlines urged the court to dismiss its case for lack of personal jurisdiction.
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.
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.