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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: _____________________________
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Motion to Dismiss
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
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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