Legal Definitions - motion for dismissal

A motion for dismissal, also known as a non-suit, is a request made by a defendant in a lawsuit or criminal case to the judge. The defendant asks the judge to rule that the plaintiff or prosecution has not and cannot prove their case.

This motion is usually made after the plaintiff or prosecutor has presented all their evidence, but it can also be made before judgment or upon evidence being presented that proves the defendant cannot lose.

For example, in a criminal case, if the prosecution presents all their evidence and it is not enough to prove the defendant's guilt, the defense attorney may make a motion for dismissal.

This motion is often made in the judge's chambers, where the jury cannot hear. It is also sometimes called a motion for nonsuit.