Dispositive motion

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In law, a dispositive motion is a motion seeking a trial court order entirely disposing of one or more claims in favor of the moving party without need for further trial court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party. As a lawsuit may comprise numerous claims made by and against numerous parties, not every dispositive motion seeks to dispose of the entire lawsuit. In many cases, a decision on a dispositive motion is a prerequisite for appellate review. See, e.g., Wash. Rules of Appellate Procedure 2.2.

The two principal types of dispositive motion are the motion to dismiss and the motion for summary judgment. A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v. Jain, 151 Wn.2d 900, 93 P.3d 861 (2004).

[edit] See also

• Motion
• Summary judgment