Get answers to the most common client questions about motions to dismiss and motions for summary judgment. Legal Husk offers clear guidance on timing, effectiveness, and legal outcomes.

The Top Questions Clients Ask About Motion to Dismiss vs. Summary Judgment

Introduction

Clients facing litigation often feel overwhelmed by legal jargon and court procedures. Two common terms that frequently raise questions are "motion to dismiss" and "motion for summary judgment." Though both are powerful pretrial tools, they serve different purposes and appear at different stages in a case.

At Legal Husk, we answer these questions daily. In this article, we break down the most frequently asked client questions about these two motions and help you understand how and when they can work to your advantage.

1. What’s the difference between a motion to dismiss and a motion for summary judgment?

• A motion to dismiss is filed early in the case and argues that the plaintiff’s complaint does not state a valid legal claim—even if all facts are assumed true.
• A motion for summary judgment is filed later and argues that, based on actual evidence, there’s no need for a trial because the material facts aren’t disputed.

Quick Snapshot:

• Motion to Dismiss = Legal defects
• Summary Judgment = No factual disputes

2. When should I file a motion to dismiss?

You should file a motion to dismiss:

• Right after being served with a lawsuit
• Before filing an answer to the complaint
• When the complaint lacks factual or legal sufficiency

It’s the first opportunity to challenge the validity of the lawsuit without engaging in costly discovery.

3. When should I consider summary judgment instead?

Consider summary judgment when:

• Discovery has taken place
• You’ve gathered evidence that disproves the other party’s claims
• The material facts are not in dispute, and you believe the law is on your side

This motion comes after the case is developed and evidence is ready to be presented to the judge.

4. Can I file both motions in the same case?

Yes, many cases involve both:

• Start with a motion to dismiss to eliminate weak legal claims
• Follow up with a summary judgment motion to resolve factual disputes once evidence is collected

Legal Husk can help sequence these filings for maximum impact.

5. What are my chances of winning with either motion?

Success rates depend on:

• The strength of your legal argument
• The judge’s interpretation of the law
• The facts and evidence presented

Generally speaking:

• Motions to dismiss succeed 15–30% of the time
• Motions for summary judgment succeed 35–70% of the time

6. Will filing one of these motions delay the case?

Yes, but in a good way.

• Filing a motion to dismiss typically pauses your requirement to answer the complaint
• Summary judgment motions can delay trial but often resolve the case before it reaches that point

These motions don’t waste time—they save it.

7. Will this stop discovery?

• A motion to dismiss may pause discovery depending on local court rules
• Summary judgment is usually filed after discovery has occurred

Legal Husk can advise you on whether a stay of discovery is possible in your jurisdiction.

8. How much does it cost to file these motions?

Legal fees vary, but generally:

• Motion to Dismiss: $1,000 – $2,500
• Motion for Summary Judgment: $2,500 – $6,000

Legal Husk offers flat-fee pricing so you’ll always know your cost upfront.

9. What happens if the motion is denied?

• If a motion to dismiss is denied, the case moves to discovery
• If a summary judgment motion is denied, the case proceeds to trial

In both situations, we can refine strategy and continue building your defense.

10. Can I appeal the judge’s decision?

Generally, no.

• Most denials of these motions are not immediately appealable
• You must wait until after trial unless a special circumstance applies

Legal Husk can help you preserve all rights for appeal.

How Legal Husk Helps

At Legal Husk, we:

• Explain your pretrial options clearly and professionally
• Draft legally sound motions tailored to your case
• Guide you through each step of the litigation process

📌 Learn more:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Motions to dismiss and summary judgment are powerful tools, but understanding when and why to use them is key. The more informed you are, the better prepared you’ll be to make strategic decisions in your case.

📩 Have more questions about your options? Contact Legal Husk to schedule a consultation and explore how pretrial motions could benefit your defense.