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Motion to Dismiss
Formally request dismissal of a case with this Motion to Dismiss Template.
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Motion to Dismiss Template
IN THE [COURT NAME] COURT OF [STATE/COUNTY]
Case No.: __________________________
Plaintiff: __________________________
Defendant: __________________________
1. Introduction
The Defendant, [Defendant’s Full Name], by and through their attorney [Attorney Name], respectfully moves this Court to dismiss the Complaint filed by [Plaintiff’s Full Name] pursuant to [Applicable Rule of Civil Procedure].
2. Grounds for Dismissal
This motion is based on the following grounds:
Lack of subject matter jurisdiction.
Lack of personal jurisdiction.
Improper venue.
Insufficient service of process.
Failure to state a claim upon which relief can be granted.
Statute of limitations.
[Select and adapt applicable grounds.]
3. Legal Argument
In support of this motion, the Defendant asserts the following:
[Provide detailed legal reasoning and cite relevant statutes, rules, or case law supporting dismissal.]
4. Prayer for Relief
WHEREFORE, the Defendant respectfully requests that the Court dismiss the Plaintiff’s Complaint [with/without prejudice], and grant such other and further relief as the Court deems just and proper.
5. Signature
Respectfully submitted,
[Attorney’s Full Name or Defendant if pro se]
[Law Firm Name, if applicable]
[Address]
[Phone]
[Email]
[Bar Number, if required]
Date: ______________________________
6. Certificate of Service
I certify that a true and correct copy of this Motion to Dismiss was served on [Plaintiff/Plaintiff’s Attorney] on this [Day] of [Month, Year] via [Method of Service].
Signature: __________________________
Name: _____________________________
Details
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Motion to Dismiss
MOTION TO DISMISS FAQ
What is a Motion to Dismiss?
A Motion to Dismiss is a formal request made to the court to throw out a case before trial. It argues that the lawsuit is invalid or legally insufficient for reasons such as lack of jurisdiction, improper service, or failure to state a valid claim.
Why is a Motion to Dismiss important?
It allows defendants to avoid unnecessary litigation when the case is fundamentally flawed. Filing such a motion saves time, money, and court resources by addressing legal issues early in the process.
When should you file a Motion to Dismiss?
It is typically filed at the beginning of a case, before filing an answer to the complaint. Common grounds include lack of subject matter jurisdiction, statute of limitations, improper venue, or insufficient legal basis in the plaintiff’s complaint.
What should a Motion to Dismiss include?
It should identify the parties, case number, the legal grounds for dismissal, supporting facts and law, and a request for the court to grant the motion. It should also include a signature block for the filing party or their attorney.
Does a Motion to Dismiss end the case permanently?
Not always. A dismissal may be “with prejudice,” which prevents refiling, or “without prejudice,” which allows the plaintiff to fix the issues and file again.
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