A motion to dismiss is a powerful pretrial tool used by defendants to challenge the legal sufficiency of a lawsuit. If successful, it can end the case before it moves forward. However, not all motions to dismiss are granted. When a court denies a motion to dismiss, the case continues, but what happens next? Understanding the implications of a denial and the available legal options can help defendants plan their next steps strategically. This article explains what happens when a motion to dismiss is denied and how to proceed effectively.

What Happens If a Motion to Dismiss Is Denied?

Introduction

A motion to dismiss is a powerful pretrial tool used by defendants to challenge the legal sufficiency of a lawsuit. If successful, it can end the case before it moves forward. However, not all motions to dismiss are granted. When a court denies a motion to dismiss, the case continues, but what happens next? Understanding the implications of a denial and the available legal options can help defendants plan their next steps strategically. This article explains what happens when a motion to dismiss is denied and how to proceed effectively.

What Does a Denial of a Motion to Dismiss Mean?

When a judge denies a motion to dismiss, it means the court has determined that the plaintiff's lawsuit has enough legal merit to proceed. It does not mean the defendant has lost the case—only that the plaintiff’s complaint is legally sufficient to move forward to the next phase of litigation.

Why Would a Motion to Dismiss Be Denied?

There are several reasons why a motion to dismiss might be denied:

• The Complaint States a Valid Legal Claim – If the court finds that the plaintiff’s allegations, if true, establish a cause of action, the case will proceed.
• Jurisdiction and Venue Are Proper – If the defendant argues that the court lacks jurisdiction or that the case was filed in the wrong venue, but the court disagrees, the case will continue.
• The Statute of Limitations Has Not Expired – If the court finds that the lawsuit was filed within the legal time limit, the claim remains valid.
• Factual Disputes Exist – A motion to dismiss only addresses legal deficiencies, not factual disputes. If facts need further clarification, the court will allow the case to proceed.
• The Plaintiff Properly Served the Defendant – If a defendant argues improper service, but the court finds the service was legally sufficient, the motion will be denied.

Immediate Next Steps After a Motion to Dismiss Is Denied

If a motion to dismiss is denied, the case moves forward. The next steps depend on the type of motion that was filed and the reasons for the denial.

1. Filing an Answer to the Complaint

If a defendant has not yet filed an answer, they must do so after the motion to dismiss is denied. An answer:

✅ Responds to each allegation in the plaintiff’s complaint.

✅ Asserts defenses such as contributory negligence or failure to mitigate damages.

✅ Includes counterclaims or crossclaims, if applicable.

Deadline: Courts typically set a specific time frame (e.g., 14 days) for filing an answer after a motion to dismiss is denied.

2. Preparing for Discovery

Once an answer is filed, the case moves into the discovery phase, where both parties gather evidence to support their claims.

✅ Interrogatories – Written questions requiring sworn responses.

✅ Requests for Production – Asking for relevant documents, contracts, or evidence.

✅ Depositions – Sworn testimony taken outside of court.

✅ Expert Witness Testimony – In some cases, experts provide opinions on technical matters.

3. Evaluating Other Pretrial Motions

Even if a motion to dismiss is denied, the defendant may still file other motions to strengthen their position, such as:

✅ Motion for Summary Judgment – If discovery shows that there are no genuine disputes of material fact, the defendant can request a ruling in their favor before trial.

✅ Motion to Compel Discovery – If the plaintiff fails to provide requested evidence, the defendant can ask the court to enforce discovery rules.

✅ Motion for Protective Order – If a party is requesting irrelevant or excessive information, a protective order can limit discovery requests.

4. Considering Settlement Negotiations

A denied motion to dismiss does not mean the case must go to trial. Many cases settle before trial to avoid litigation costs.

✅ Mediation or Arbitration – Alternative dispute resolution methods may resolve the matter without a full trial.

✅ Negotiating a Settlement Agreement – Both parties may agree to a financial or non-financial resolution.

✅ Assessing Risks and Costs – If the case is weak or expensive to litigate, settlement may be a strategic option.

Long-Term Implications of a Denied Motion to Dismiss

1. Increased Legal Costs

A denied motion to dismiss means the case will move forward, requiring additional legal resources for discovery, depositions, and trial preparation.

2. Stronger Plaintiff’s Position

If a court denies a motion to dismiss, the plaintiff may feel more confident about their case. They may push harder for settlement or trial.

3. Possibility of a Later Dismissal or Summary Judgment

Even if a motion to dismiss is denied, the case can still be dismissed later through a motion for summary judgment or during trial if the plaintiff fails to provide sufficient evidence.

Can a Denial of a Motion to Dismiss Be Appealed?

In most cases, a denial of a motion to dismiss is not immediately appealable. Courts generally require defendants to proceed through litigation before filing an appeal. However, there are exceptions:

✅ Interlocutory Appeal – If the issue involves an important legal question (e.g., immunity or jurisdiction), some courts allow immediate appeals.

✅ Reconsideration Motion – If new evidence or legal arguments arise, the defendant can ask the judge to reconsider the ruling.

✅ Appeal After Final Judgment – Defendants can appeal the denial after the case is resolved at trial.

How Legal Husk Can Help After a Motion to Dismiss Is Denied

A denied motion to dismiss is not the end of the road. At Legal Husk, we help clients navigate the next legal steps, including:

✅ Drafting a strong answer that preserves defenses and counterclaims.

✅ Assisting with discovery to build a compelling legal strategy.

✅ Filing motions for summary judgment to seek case dismissal before trial.

✅ Exploring settlement options to resolve the case favorably.

Final Thoughts

A denied motion to dismiss means the case moves forward, but it does not mean the defendant has lost. Filing an answer, engaging in discovery, and exploring pretrial motions can still lead to a favorable outcome. If you need expert legal document drafting, Legal Husk is here to assist you with every step of the litigation process.

📩 Contact Legal Husk today for professional litigation support and expertly drafted legal documents!