There’s nothing worse than investing time, energy, and money into a legal case—only to have it dismissed on a technicality.
A dismissal can mean:
- Losing the right to sue
- Losing legal leverage
- Losing the chance to defend yourself
So, how do you protect your case from dismissal?
Follow these steps to bulletproof your legal process and keep your case moving forward.
Why Do Cases Get Dismissed?
Courts dismiss cases when they are legally or procedurally defective.
Here are the most common reasons:
- Lack of Jurisdiction – The court doesn’t have legal authority over the case.
- Failure to Serve the Defendant Properly – The other party wasn’t legally notified.
- Missed Deadlines – Filing deadlines were not met.
- Insufficient Evidence – The case lacks legal merit.
- Wrong Court or Venue – The case was filed in the wrong jurisdiction.
- Violation of Legal Procedures – Errors in filing, documents, or arguments.
Example:
A landlord sues a tenant in small claims court for $20,000—but the court’s limit is $10,000.
Result: The case is dismissed because it was filed in the wrong court.
Understanding what can go wrong helps you prevent mistakes before they happen.
Step 1: File in the Right Court (Jurisdiction Matters)
A court can only hear cases it has legal authority over.
Before filing, confirm:
- State vs. Federal Court – Federal cases involve constitutional issues, federal laws, or multi-state disputes. Most lawsuits belong in state court.
- Geographic Location – File in the state where the defendant lives, works, or where the dispute occurred.
- Type of Court – Some cases belong in small claims, civil, or family court—choosing the wrong one can lead to dismissal.
Example:
You sue someone for breach of contract in New York, but the contract states that all disputes must be handled in California.
Result: Your case is dismissed for lack of jurisdiction.
Before filing, confirm you're in the right court.
Step 2: File Before the Statute of Limitations Expires
If you file too late, your case will be dismissed—no exceptions.
Every claim has a statute of limitations, meaning you must sue within a set timeframe.
Common Statutes of Limitations (Varies by State):
- Personal Injury – 2–4 years
- Breach of Contract – 3–6 years
- Debt Collection – 3–7 years
- Defamation – 1–3 years
Example:
You were injured in a car accident three years ago and just decided to sue.
Result: If your state has a two-year statute of limitations, your case will be dismissed.
Check your state's deadlines before filing.
Step 3: Serve the Other Party Properly
If the defendant isn’t properly notified, the court can throw out your case.
- Use a licensed process server or the sheriff’s office.
- Follow state-specific service rules (e.g., personal service vs. substitute service).
- Keep proof of service (a signed affidavit from the server).
Example:
A plaintiff hires a friend to drop off court papers instead of using a process server.
Result: The defendant argues improper service, and the judge dismisses the case.
If the defendant wasn’t properly served, the case is invalid.
Step 4: Draft a Legally Sound Complaint
A weak or incomplete legal complaint can get your case dismissed before it even starts.
- Clearly state the legal claim (e.g., breach of contract, personal injury, fraud).
- Include relevant facts supporting the claim.
- Cite applicable laws that justify the case.
- Request a specific remedy (e.g., monetary damages, an injunction).
Example:
Someone sues a business but doesn’t explain how the business broke the law.
Result: The judge dismisses the case for lack of legal standing.
A properly written complaint ensures the case moves forward.
Step 5: Follow Court Deadlines & Rules
Courts operate on strict schedules—missing deadlines means automatic dismissal.
- File all documents on time (complaints, motions, responses).
- Attend all hearings—if you miss a hearing, the judge can throw out your case.
- Follow all procedural rules (e.g., formatting, number of copies, fees).
Example:
A defendant must file an Answer within 30 days of being served.
Result: They miss the deadline, so the plaintiff wins by default.
If you're unsure about deadlines, check the court’s rules or consult an attorney.
Step 6: Have Sufficient Evidence to Support Your Case
A case without evidence is a case that gets dismissed.
- Gather witness statements, contracts, emails, video footage, financial records, and other relevant documents.
- The judge won’t take your word for it—you need proof.
Example:
Someone sues for fraud but provides no contracts, emails, or financial records.
Result: The judge dismisses the case for lack of proof.
If your case lacks evidence, it won
Step 7: Be Prepared for Dismissal Motions
The defendant may try to shut down your case by filing a Motion to Dismiss.
Common dismissal arguments:
- Failure to state a claim (lawsuit lacks legal merit).
- Lack of jurisdiction (wrong court or location).
- Insufficient service of process (improper notification).
- Statute of limitations expired (case filed too late).
Example:
A business is sued for violating a contract, but they argue the plaintiff didn’t follow dispute resolution procedures first.
Result: The judge dismisses the case because the plaintiff didn’t meet pre-filing requirements.
Be ready to defend against dismissal motions before they happen.
Final Takeaway: Make Your Case Dismissal-Proof
- Choose the right court and file within the statute of limitations.
- Serve the other party properly with legal notice.
- Write a clear, legally sound complaint with supporting evidence.
- Follow all filing deadlines and procedural rules.
- Prepare for dismissal motions and counter them effectively.
Because in court, the strongest cases don’t just win—they survive dismissal first.
Testimonials from Our Clients
What Clients Say About Our People-First Approach
Take the Next Step with The Process Server
Connect with us and let our experts help you tackle any legal challenge effortlessly. Start your journey to effective solutions today. Your legal concerns are our priority.
"*" indicates required fields
Ready to Talk?
Journey with The Process Server (TPS) and experience the simplicity and comprehensiveness of expert legal support by TPS.
We're here to assist you with any legal support services you may require.
We're here to assist you with any legal support services you may require. Although our main office is located in Phoenix, we have dedicated local teams to handle all location-specific tasks efficiently. Here's how you can get in touch with us.
The Process Server
13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States
Phone: +1 (602) 675-2333
Email: [email protected]
For further details, please refer to the Justice Courts Case Search.