![]() A motion to dismiss for failure to state a claim is a court document stating that the plaintiff has not listed a legitimate cause of action in their complaint.Ĭourts may dismiss a case for failure to state a claim for the reasons listed below: The title may be different in other states. ![]() For example in the state of California, a motion to dismiss for failure to state a claim is called a demurrer. Every jurisdiction has different civil procedure rules that govern motions to dismiss and other motions. It specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted.Ī motion to dismiss is a pretrial motion that can be filed in some cases. The failure to state a cause of action pertains to pretrial motions. One of the most frequent reasons for filing a motion to dismiss is the failure to state a claim.
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