Dispositive Motions: How Cases Are Won (or Lost) Before Trial

Most people imagine lawsuits ending in a courtroom. In reality, however, the overwhelming majority of civil cases never make it to trial at all. Instead, they are resolved much earlier in the process, often quietly and efficiently, through a series of legal mechanisms that operate behind the scenes. One of the most important of these mechanisms is the dispositive motion.

What Is a Dispositive Motion?

A dispositive motion is a request asking the court to decide all or part of a case without a trial. If granted, it can completely resolve the dispute or significantly narrow the issues that remain.

There are three primary types under federal law:

• Motion to dismiss
• Motion for summary judgment
• Motion for judgment as a matter of law

Each occurs at a different stage of litigation and serves a different purpose.

Motion to Dismiss

A motion to dismiss is typically filed at the very beginning of a case. It challenges whether the plaintiff’s complaint states a legally valid claim. Importantly, the court assumes that all factual allegations in the complaint are true. The question is not whether the facts are accurate, but whether they add up to a viable legal claim.

Common reasons to file a motion to dismiss include:

• Lack of subject matter jurisdiction
• Lack of personal jurisdiction
• Improper venue
• Failure to state a claim
• Statute of limitations issues

One of the most common grounds is failure to state a claim. This is often referred to as a ‘12(b)(6) motion’ under the Federal Rules of Civil Procedure.

The Plausibility Standard

Modern courts apply what is known as the ‘plausibility’ standard. As Andrea Cox of Luks Santaniello explains, courts now look for factual allegations that make a claim plausible, not merely possible. This standard comes from two landmark Supreme Court decisions: Bell Atlantic v. Twombly and Ashcroft v. Iqbal. Under this standard, vague or conclusory statements are not enough.

For example, the defendant breached the contract, would be seen as a weaker allegation compared to the defendant failed to deliver goods required under Section 2 of the contract on the agreed date.

The stronger version provides factual detail that allows the court to infer a plausible claim.

Strategic Considerations

Even when a motion to dismiss is available, attorneys do not always file one. Joseph W. Mark of Lathrop GPM points out that sometimes it is strategically advantageous to let a flawed complaint stand.

Filing a motion to dismiss may highlight weaknesses in the complaint and give the plaintiff a chance to fix them through amendment. Because courts often allow re-pleading, a defendant could end up helping strengthen the opposing case.

By contrast, holding back may force the plaintiff to proceed with weak allegations, making it harder to support those claims later, especially at the summary judgment stage.

Cost and timing also play a role. Motions to dismiss require resources, and in some cases, it may be more effective to move into discovery and build a stronger record for a later motion that is evaluated under a more evidence-based standard and may have a greater chance of being granted.

Ultimately, the decision is strategic. A motion to dismiss can be powerful, and is certainly appropriate in the correct context, but experienced litigators use it selectively, focusing on the broader goal of positioning the case for the best possible outcome.

Judgment on the Pleadings

A motion for judgment on the pleadings is similar to a motion to dismiss but usually occurs later in the case. It allows the court to consider both the complaint and the answer.

Unlike summary judgment, it does not involve outside evidence. Instead, it focuses solely on the pleadings themselves.

Although less common, this motion can be useful when the dispute turns entirely on legal issues rather than facts.

Summary Judgment

If a case survives the motion to dismiss stage, it proceeds to discovery. During discovery, both sides gather evidence through document requests, depositions, and other tools. After discovery, a party may file a motion for summary judgment.

As Adam Russ of Gordon Arata notes, summary judgment is appropriate when there is no genuine dispute around any material facts with the party filing the motion being entitled to a decision as a matter of law. This means the court can decide the case without a trial if the facts are not meaningfully disputed.

A material fact is one that could affect the outcome of the case. A genuine issue exists when both sides present evidence supporting different conclusions. If reasonable jurors could disagree about the facts, the case must go to trial. But if the evidence overwhelmingly supports one side, summary judgment may be granted.

Evidence Used in Summary Judgment

Unlike motions to dismiss, summary judgment relies on actual evidence, including:

• Documents produced in discovery
• Deposition testimony
• Affidavits from witnesses

The parties must present admissible evidence to support their positions. Courts are careful to ensure that only evidence that could be presented at trial is considered. In some cases, a defendant can win summary judgment by showing that the plaintiff lacks evidence to support a key element of their claim.

Strategic Considerations

Summary judgment motions are common, particularly for defendants, because they offer a chance to resolve a case without the cost and uncertainty of trial. A successful motion can end the case entirely or narrow the issues significantly.

However, these motions also require substantial time and expense. Preparing them involves reviewing the full discovery record, organizing evidence, and presenting detailed legal arguments. As a result, attorneys must carefully assess whether the likelihood of success justifies the cost.

Timing is also important. Summary judgment is typically filed after discovery, when both sides have developed their evidence. Even if the motion is not granted, it can still be valuable by narrowing issues, educating the judge, and influencing settlement discussions.

Judgment as a Matter of Law

Even if a case makes it all the way to trial, it still may not end with a jury verdict. At certain key moments during trial, a party can ask the judge to step in and decide the case as a matter of law. This request is known as a motion for judgment as a matter of law.

In simple terms, this motion argues that, even taking the opposing party’s evidence at face value, no reasonable jury could legally rule in their favor. At first glance, this motion may sound similar to summary judgment, however summary judgment occurs before trial, based on the evidence gathered during discovery, while judgment as a matter of law occurs during trial, based on the evidence actually presented in court. By the time a judgment as a matter of law motion is made, the court has already heard testimony, reviewed exhibits, and seen how the case is unfolding in real time.

Strategic Considerations

Because this motion is typically made mid-trial, attorneys must make quick, informed decisions about whether the opposing party has truly failed to meet its burden.

In some cases, a defendant may choose to move for judgment as a matter of law at the close of the plaintiff’s case to avoid presenting its own evidence altogether. If granted, this can save significant time and expense.

However, if the motion is denied, the defense must be prepared to proceed immediately with its case. That makes preparation and timing critical.

Ultimately, a motion for judgment as a matter of law is often described as a ‘last chance’ to resolve the case before it goes to the jury. It represents the final checkpoint where the court can step in and determine that, as a matter of law, one side has not met its burden.

Why Dispositive Motions Matter

Dispositive motions are central to modern litigation. They allow courts to:

• Eliminate weak claims early
• Narrow the issues for trial
• Reduce litigation costs
• Promote efficiency

They also force parties to clarify their arguments and support their claims with evidence.

While trials capture the public’s attention, dispositive motions do most of the work in civil litigation.  Understanding how they work and when to use them is critical for anyone involved in litigation. Whether you are a lawyer, business owner, or investor, these tools can determine the trajectory and outcome of a case.

To learn more about this topic, view Dispositive Motions. The quoted remarks referenced in this article were made either during this webinar or shortly thereafter during post-webinar interviews with the panelists. Readers may also be interested to read other articles about litigation.

This article was originally published on May 12, 2026.

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