A defendant in a legal case will make a motion to dismiss when he or she thinks there is enough…

➤ How does a motion to dismiss differ from a motion for summary judgment?
A motion to dismiss tests whether the complaint states a legal claim based only on the allegations. A motion for summary judgment comes later and uses evidence, affidavits, and discovery to show no genuine factual dispute. The standards differ: dismissal assumes facts true; summary judgment requires no material fact in dispute and entitlement to judgment as a matter of law.