Motion to Dismiss in Florida Circuit Court – At A Glance

Courts frequently change rules and requirements, sometimes without warning. Rely on SmartRules and our extensive network of court resources to keep you constantly informed of the latest rules and requirements.

Note: Florida Rules of Civil Procedure have been amended since this article was written. For up-to-date information always use SmartRules Guides.

Florida Circuit Court Motion to Dismiss

This post gives an introduction to the Florida Rules of Civil Procedure related to bringing a motion to dismiss in Florida Circuit Courts. For more detailed information, please see the SmartRules Motion to Dismiss Guides for the court where your action is pending.

Must Be Filed Before Answer

Motions to dismiss pleadings are based on an allegation of failure to state a cause of action and are governed by Fla. R. Civ. P. 1.140. A motion to dismiss must be filed before the answer is filed. Motions to dismiss are substantively and procedurally distinct from voluntary and involuntary dismissals under Fla. R. Civ. P. 1.420.


There are specific timing requirements for motions to dismiss after the commencement of the action and before the hearing. Select the appropriate jurisdiction in our Florida Motion to Dismiss guides for specific timing requirements.

Additional Rules and Requirements

Florida Circuit Court Motion to Dismiss guides cover motion to dismiss rules and requirements in depth. The following are some of the topics covered:

  • Timing
  • Judges’ Rules
  • Required Elements
  • Body of Motion Requirements
  • Legal Standard
  • Failure to State Cause of Action
  • Formatting
  • Proposed Order
  • Filing & Service Requirements
  • Dismissed Complaints

The authorities cited in this At A Glance Guide were current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

litigation guides

Preview of Florida Motion to Dismiss Guide


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