How long does it take for a judge to rule on a motion to dismiss?
Asked by: Dr. Nicklaus Bradtke | Last update: February 10, 2026Score: 4.2/5 (43 votes)
A judge's ruling on a motion to dismiss can take anywhere from a few weeks to several months, varying significantly by court workload, case complexity, and whether a hearing is held, though sometimes a decision comes quickly or takes much longer, with federal courts seeing mean times from around 22 to over 100 days depending on the district and method. The process includes time for both sides to file briefs, potentially an oral argument, and then the judge's deliberation, with no single fixed deadline, though some courts might have internal guidelines or local rules.
How long does it take for a judge to rule on motion?
There's no strict, universal deadline, but judges aim to rule promptly, often deciding immediately or taking it "under advisement" for days, weeks, or months, depending on case complexity, evidence, and caseload, with federal courts tracking pending motions (like the "Six-Month List") to encourage timely decisions, though delays are common.
Are motions to dismiss usually granted?
Additionally, it is uncommon for courts to grant these motions in their entirety. If there is even one fact that can be disputed in a trial, the court will likely allow the case or at least part of the case to proceed.
How long does it take for a judge to dismiss a case?
Timelines vary considerably for cases to be dismissed prior to trial depending on several factors such as jurisdiction, complexity of case and court backlog – it could take anywhere between weeks to months in some instances.
Why would a judge deny a motion to dismiss?
Motions can be denied for insufficient supporting evidence, failure to meet filing deadlines, or not following court rules. Courts require clear legal grounds and proper documentation. Procedural mistakes like incorrect formatting or missing signatures also lead to denial.
How Long Does Judge Have To Rule On Motions? - CountyOffice.org
What are the grounds for a motion to dismiss?
Grounds for a motion to dismiss challenge a lawsuit's legal sufficiency, often citing a court's lack of jurisdiction (subject matter or personal), improper venue, insufficient service of process, or the plaintiff's failure to state a claim (meaning even facts alleged don't support a legal case). Other reasons include failure to join a necessary party, the case being barred by the statute of limitations, or a prior judgment on the same issue.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What is the lazy judge rule?
Trial Rule 53.2 are officially titled "Failure to rule on motion" and "Time for holding issue under advisement; delay of entering a judgment but are commonly known as the 'lazy judge' rules." Under those rules, the trial court has 90 days in which to render its decision; and that time can only be extended by order of ...
How often do judges dismiss cases?
There are many possible outcomes to a criminal case, including a dismissal. However, dismissal is rare, and judges don't often dismiss cases.
How to argue a motion to dismiss in court?
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
Is motion to dismiss a good thing?
Yes, a motion to dismiss is generally a good thing for defendants because it's a powerful tool to end a lawsuit early if the complaint lacks a valid legal basis, saving significant time, money, and resources by avoiding discovery and trial; however, for plaintiffs, it can be a setback, though often allowing them to fix and refile the complaint. It's a strategic way to challenge a case's legal sufficiency at the outset, before the complexities of a full trial begin.
What are 5 fair reasons for dismissal?
The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs.
How to defeat a motion to dismiss?
To successfully defeat a motion to dismiss, a pro se plaintiff must rebut the following potential assertions:
- The plaintiff's allegations don't fit the facts of the case.
- There is a missing element of the claim.
- There are no factual allegations in the complaint, only conclusions.
How common are motions to dismiss?
MOTIONS TO DISMISS IN CIVIL CASES ARE COMMON
Motions to Dismiss is common in civil litigation cases such as breach of contract or fraud cases.
Why do judges take so long to rule?
Case backlog: Federal courts often have heavy caseloads, and judges may have numerous cases and motions to consider. This backlog can result in delays in rulings, even for motions with strong arguments.
How long does it take to reply to a motion to dismiss?
Within 15 days after service of the written opposition, if any, the moving party may serve and file a response. (Subd (c) amended effective January 1, 2007.) Within five days after service of the response, if any, the opposing party may serve and file a reply.
What is the most popular reason that cases get dismissed?
The most common reasons cases get dismissed involve insufficient evidence for the prosecution to prove guilt beyond a reasonable doubt, and violations of the defendant's constitutional rights (like illegal searches or seizures), making key evidence inadmissible, alongside issues like witness unavailability, procedural errors, or prosecutorial discretion where charges are dropped due to lack of interest or resources, especially in criminal matters. In civil cases, settlements often lead to dismissal before trial.
What not to say to a judge in court?
You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility.
What annoys a judge?
Other judges said they dislike personal attacks, snide remarks, innuendo, or sarcasm. One judge said his or her biggest pet peeve is “the growing tendency to wax personal in responding to arguments.” Unorganized briefs.
How long does a judge have to rule on a motion to dismiss?
While there isn't a set timeframe for a judge to rule on a Motion to Dismiss, 90 days with no communication is a long wait.
What is the rule of 80 for judges?
In 1984, Congress introduced the “Rule of 80,” whereby a judge whose age and years of service totaled eighty (with a minimum age of sixty-five and a minimum tenure of ten years) would be eligible.
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
How to easily win a court case?
Whether you represent yourself or hire an attorney, there are things you can do to ensure a good result in your case.
- Find the Right Court. ...
- Litigate for the Right Reasons. ...
- Mediate Instead of Litigate. ...
- Communicate With Your Attorney. ...
- Be Willing to Negotiate. ...
- Follow Court Procedures. ...
- You'll Need a Good Lawyer.
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."