Should I file an Answer or a Motion to Dismiss?

Should I file an Answer or a Motion to Dismiss?

What is an Answer?

It is the Defendants Responsive Pleading that admits or denies the allegations listed in the complaint. The answer may include Affirmative Defenses.

What is a Motion to Dismiss?

It is the Defendants Non-Responsive Pleading asking the Court to dismiss a case.


Reasons to file an Answer:

To file a Responsive Pleading

To keep the Plaintiff from amending its complaint.

Allows Plaintiff to obtain a Voluntary Dismissal only by Stipulation or Court Order


Reasons to file a Motion to Dismiss:

To file a Non-Responsive Pleading

There is no cause of action in the lawsuit filed,

Because there is no cause of action in the lawsuit, no outside evidence would be needed for the Court to grant the Motion to Dismiss.

Allows Plaintiff to Voluntary Dismiss at any time.



You may choose to file an Answer and give the grounds for a Motion to Dismiss within your Answer as an Affirmative Defense along with any other defenses,


You may file only an Answer without grounds for a Motion to Dismiss but still include any other Affirmative Defenses,


You may file only a Motion to Dismiss.




Disclaimer: I am not a lawyer and this is not legal advice. If you are seeking legal advice please consult an experienced and competent attorney.

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