Are you being sued and want an alternative option?
You feel overwhelmed about dealing with the potential costs and a lengthy legal battle
Are you thinking about filing a motion to dismiss the case and need an example of motion to dismiss?
Well, you are in the right place!
Filing a motion to dismiss is the right way to go. With this approach, you get to avoid a prolonged trial.
In this article, I will share examples of Motion to Dismiss. Then, we will discuss when it’s best to use it.
You will also find a guide of how to file a Motion to Dismiss.
Example of Motion to Dismiss (Free Download)
SAMPLE OF MOTION TO DISMISS
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF [YOUR STATE]
[Your Client’s Name],
Plaintiff,
v.
[Defendant’s Name],
Defendant.
Case No. XX-XXXX
DEFENDANT’S MOTION TO DISMISS COMPLAINT
[Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6)]
NOW COMES Defendant, [Defendant’s Name], by and through undersigned counsel, and respectfully moves this Court to dismiss Plaintiff’s Complaint in its entirety for lack of subject matter jurisdiction under Rule 12(b)(1) and for failure to state a claim upon which relief can be granted under Rule 12(b)(6).
INTRODUCTION
Plaintiff’s complaint alleges various harms stemming from actions purportedly taken by Defendant [brief summary, e.g., termination of contract, denial of service, etc.]. However, the claims as pled fail both legally and factually.
GROUNDS FOR DISMISSAL
- Lack of Subject Matter Jurisdiction (Rule 12(b)(1))
Plaintiff has not alleged a concrete or particularized injury, nor any violation of federal law that would invoke this Court’s jurisdiction. The dispute, as presented, is speculative and does not present a justiciable controversy under Article III. - Failure to State a Claim (Rule 12(b)(6))
Even if jurisdiction existed, Plaintiff fails to plausibly state a claim. The Complaint lacks sufficient factual allegations to support the elements required under [e.g., breach of contract, civil rights violation, etc.]. Conclusory statements unsupported by factual detail do not meet the pleading standards established in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).
CONCLUSION
For the foregoing reasons, the Court should grant Defendant’s Motion and dismiss Plaintiff’s Complaint with prejudice.
Respectfully submitted,
[Your Name]
Attorney for Defendant
[Your Firm Name]
[Contact Info]
Common Legal Grounds for a Motion to Dismiss
There are a couple of reasons an individual might fall through to file a motion to dismiss.
Lack of Subject Matter jurisdiction: The court isn’t permitted to hear this kind of case
Lack of Personal jurisdiction: The court doesn’t have authority over the person being sued
Failure to state a claim: Even if all of the complaint is true, it doesn’t show a legal reason to sue.
Improper service: The legal notice of the lawsuit wasn’t presented properly to the client.
Improper Venue: the lawsuit was filed in the wrong geographic location or judicial district.
Filing a Motion to Dismiss: Step-by-Step Guide
Before Filing a Motion there are few steps you need to first complete.
- Reviewing the Complaint
Thoroughly examine the plaintiff’s complaint…
This way you can identify any legal deficiencies.
- Research Relevant Laws
Take a step further!
Conduct detailed legal research to find supporting statutes and case laws.
Get a virtual attorney to help with your legal research.
Strategize smarter!
- Draft the Motion
Now that you have all the info you need, begin with a clear introduction,
Followed by detailed arguments supported by legal authorities.
You don’t have time for that?
Consult a top-notch legal process outsourcing (LPO) company!
- Include a Conclusion
End the motion!
Summarize your key arguments.
And make a clear request for dismissal.
- File The Motion
Now following the court procedures, file your Motion.
Make sure you track the deadlines using a task management system.
Conclusion
We have given you an example of Motion to Dismiss.
Then, we discussed the common legal grounds of filing the dismissal.
Lastly, we summarized the steps you should take to File a dismissal.
If you are still struggling with drafting the Motion to Dismiss…
My recommendation would be to hire a virtual legal assistant.
To find an expert virtual assistant, consult a LPO company. They provide the best service to clients like you by assigning highly trained and skilled professionals to take on your job.
Frequently Asked Questions
Do I need a lawyer to file a motion to dismiss?
Though you can file a Motion to Dismiss without a lawyer,
It is NOT recommended.
Why?
Well, lawyers can provide their expertise , helping you present your motion effectively in front of the court.
Can a motion to dismiss be denied?
Yes.
If a judge finds that the plaintiff’s claim is plausible, then the Motion to Dismiss with be denied.
What happens after it’s filed?
Once your Motion to Dismiss is filed, it gets reviewed at court.
The judge evaluates both parties’ arguments and decides whether to grant, deny or partially grant the Motion.
Rafia Alam Rowshni delivers a unique combination of legal knowledge and content creation talent using SEO Tools and SERP analysis. She has a solid background in public health and legal services and knows the complexities of the legal world. She can translate complex subjects into simple, concise, and entertaining information that audiences can actually use.
