Court Process, Plea & Trial

What is a C4 motion to dismiss?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A sworn motion arguing that the undisputed material facts don't establish a prima facie case — Florida's closest equivalent to summary judgment in a criminal case.

Named for its subdivision in the rules, this motion asserts under oath that there are no material disputed facts and that the undisputed facts do not establish a prima facie case of guilt.

How it works. The defense files a sworn motion setting out the facts. The State may file a traverse — a sworn denial — specifically disputing material facts. If the State traverses properly, the motion is generally denied. That's the structural limitation, and it's why these succeed less often than they're filed.

Where they do succeed: cases where the facts genuinely aren't in dispute and the legal problem is that those facts don't amount to the charged offense. Constructive possession cases with no connecting evidence. Charges where an element simply isn't present on any version of events.

The strategic value even in denial. A traverse commits the State, under oath, to a specific factual position early. That has value at trial regardless of how the motion comes out.

It requires the defendant to swear to facts, which has its own consequences and shouldn't be done lightly.

Even when it loses, it pins the State down. That's worth something. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.