What would a defendant file to seek a ruling to dismiss a lawsuit for failure to state a claim?

A defendant seeking to have a lawsuit dismissed for failure to state a claim would file a motion to dismiss. This legal motion argues that even if all the allegations in the complaint are true, there is no legal basis for a lawsuit because the allegations do not constitute a violation of law or do not establish the elements of a claim.

In this context, the motion to dismiss focuses specifically on the sufficiency of the complaint itself and challenges whether it adequately states a claim that can be considered by the court. If the motion is granted, it typically results in the case being dismissed without the need for a trial, as the plaintiff has not provided sufficient legal grounds for the court to move forward.

Other options like a motion for summary judgment pertain to cases where there is no genuine issue of material fact that warrants a trial, while a motion to suppress usually relates to the admissibility of evidence rather than the dismissal of a case. A response could be an answer to the claims made in the lawsuit but does not specifically aim to dismiss the case on these grounds. Thus, filing a motion to dismiss is the appropriate legal action when addressing issues about the adequacy of the claims made by the plaintiff.