Explore the success rates of motions to dismiss versus motions for summary judgment. Legal Husk breaks down which motion is more likely to win and why timing and strategy matter.

Which Motion Has a Higher Success Rate: Dismissal or Summary Judgment?

Introduction

When litigating a civil case, knowing which motion offers the best odds of success is critical. Whether you’re defending a lawsuit or challenging weak claims, two of the most powerful procedural tools are the motion to dismiss and the motion for summary judgment.

But which one has the higher success rate? Should you aim to end the case early with a dismissal, or is it more strategic to wait until discovery and go for summary judgment?

In this article, Legal Husk compares the two motions head-to-head based on data, court trends, and strategic application, helping you choose the right approach for your case.

What the Numbers Say

While success rates vary by jurisdiction and case type, some general trends emerge:

Motion to Dismiss Success Rates:

• Average success rate: 15% – 30%
• Higher in cases involving:
  • Procedural defects
  • Statute of limitations
  • Lack of subject matter jurisdiction

Motion for Summary Judgment Success Rates:

• Average success rate: 35% – 70%
• Higher in cases where:
  • Discovery produces strong supporting evidence
  • Plaintiff fails to show material facts in dispute

These numbers show that summary judgment motions tend to succeed more often, but that doesn’t mean a motion to dismiss should be ignored—it plays a different and equally critical role.

Why Motions to Dismiss Often Fail

• Courts interpret the complaint in the light most favorable to the plaintiff
• Judges assume the facts alleged are true
• Many legal arguments require factual development that can’t be resolved at the pleading stage

That said, dismissal rates increase when:

• The claim is clearly not legally viable
• The complaint lacks specificity (e.g., vague fraud allegations)
• The defense is jurisdictional or procedural and appears on the face of the complaint

Why Summary Judgment Wins More Often

• Filed after discovery, when facts are known
• Allows judges to evaluate actual evidence, not just allegations
• Forces the opposing party to put up or shut up with proof
• Helps eliminate meritless claims that have no support in the record

Courts are more willing to grant summary judgment because they are resolving cases based on evidence, not assumptions.

Strategic Use: Don’t Choose—Use Both

The most successful litigants often use both motions strategically:

• Start with a motion to dismiss to knock out weak claims and avoid discovery
• Follow up with summary judgment on surviving claims when the evidence is on your side

Example:

An employer is sued for retaliation and discrimination.

• The retaliation claim lacks basic factual support, so Legal Husk drafts a motion to dismiss, which is granted.
• The discrimination claim proceeds to discovery. Later, we draft a motion for summary judgment with HR records and deposition transcripts.
• Court grants summary judgment on the remaining claims. No trial needed.

Factors That Influence Success

1. Quality of the Motion

• Strong legal writing and clear structure can make or break a motion
• Weakly drafted motions—even with merit—are often denied

2. Type of Case

• Commercial litigation: Higher success rates for summary judgment
• Employment law: Judges are more cautious, especially in discrimination claims
• Contract cases: High success with both motions when documents are clear

3. Jurisdiction

• Some courts are more motion-friendly than others
• Federal courts generally see higher summary judgment grant rates than state courts

When to Use Each Motion

Motion to Dismiss

Motion for Summary Judgment

Filed pre-discovery

Filed post-discovery

Tests legal sufficiency

Tests factual sufficiency

Based on pleadings

Based on admissible evidence

Ends case early

Ends case before trial

How Legal Husk Maximizes Your Odds

At Legal Husk, we don’t just file motions—we strategize your litigation timeline to give each motion the best chance of success. We:

• Evaluate complaints for early dismissal opportunities
• Draft persuasive, court-ready Rule 12(b)(6) motions
• Prepare powerful Rule 56 motions backed by evidence
• Sequence filings to reduce risk and maximize efficiency

📌 Learn more about our litigation support:

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

Final Thoughts

While motions for summary judgment statistically have a higher success rate, that doesn’t mean you should skip the motion to dismiss. Each motion plays a vital role in streamlining litigation, reducing costs, and positioning your case for a win.

📩 Want to increase your chances of success in court? Let Legal Husk draft your dismissal or summary judgment motion. Visit Legal Husk to get started today.