Which term refers to a pretrial request to terminate an action because of settlement, voluntary withdrawal, or procedural defect?

• A. Motion to dismiss
• B. Motion for summary judgment
• C. Discovery
• D. Deposition

Answer: (A)

A pretrial device used to end a case without going to trial because the parties have settled, one side withdraws, or there is a procedural defect is a dismissal motion. This request asks the court to terminate the action on procedural grounds (such as lack of jurisdiction, improper service, or failure to state a claim) or because the matter has already been resolved through settlement or voluntary withdrawal. It’s about ending the case before any trial occurs due to issues unrelated to proving the merits.

By contrast, a motion for summary judgment aims to resolve the case on the merits if there’s no genuine dispute of material fact, not because of procedural problems. Discovery and deposition are procedures for gathering evidence and testimony before trial, not mechanisms to terminate the action.