Why "Quick Dismissals" Are Rare In Civil Litigation

"Shouldn't the court outright dismiss the case?" "There's no way the court will agree with them, right?" "We can get this dismissed quickly, right?" Lawyers hear these types of questions all the time. Only in rare situations, like where a claim is clearly not recognized under Washington law or the claim is clearly barred by the applicable statute of limitations, is the answer anywhere close to a "you have a good shot of getting this lawsuit dismissed." The reason it is so hard to get a claim dismissed at the outset of a case is due to how courts analyze motions to dismiss. This article explains why quick dismissals on the merits are so rare in civil litigation.

After a complaint is filed and served, the Civil Rules provide defendants with several options, including filing an answer or filing a motion. One authorized motion before filing an answer is a motion brought under Civil Rule 12(b)(6) (often referred to as a "12(b)(6) motion") – a motion to dismiss