When can a party file a motion to dismiss?

A party can file a motion to dismiss when they believe the lawsuit lacks legal merit or the court lacks jurisdiction. This type of motion is typically used to contest the legal sufficiency of the opposing party's claims. It can be grounded in various legal theories, such as the argument that even if all allegations in the complaint are true, they do not constitute a valid legal claim. Additionally, if a court does not have the power to hear the case (jurisdiction), a motion to dismiss is the appropriate procedural step. This allows the defendant to challenge the case before answering the complaint, potentially saving time and resources.

Although the other choices touch on important legal concepts, they do not align with the primary purpose of a motion to dismiss. For example, a motion related to the statute of limitations might be raised as a defense, but it doesn't encompass the broader legal deficiencies that a motion to dismiss can address. Changing the venue of a trial or adding a counterclaim involves different procedural actions and strategies, which are distinct from challenging the fundamental validity of a lawsuit itself.