Template Motion to Dismiss in 30 Minutes or Less

Introduction

Motion to dismiss is a critical tool in civil litigation to challenge the sufficiency of a complaint or other pleading. It is typically filed early in the case, and if successful, can result in the dismissal of the case or parts of it. This article provides a time-saving guide to draft a motion to dismiss in 30 minutes or less, ensuring accuracy and effectiveness.

Types of Motions to Dismiss

There are several types of motions to dismiss, each with specific grounds for challenging a pleading. Some common types include:

• Motion to Dismiss for Failure to State a Claim alleges that the complaint fails to provide sufficient facts to establish a valid legal claim.
• Motion to Dismiss for Lack of Standing contends that the plaintiff lacks the legal capacity or interest to bring the action.
• Motion to Dismiss for Lack of Personal Jurisdiction argues that the court lacks jurisdiction over the defendant due to insufficient contacts with the forum state.
• Motion to Dismiss for Res Judicata claims that the action has already been adjudicated in a prior proceeding.

How to Draft a Motion to Dismiss in 30 Minutes

Step 1: Identify the Grounds

Review the complaint or pleading carefully to identify the specific grounds for dismissal. Determine which type of motion is most appropriate based on the identified deficiencies.

Step 2: Draft the Motion

Use a standard template motion to dismiss that includes the following sections:

• Caption: Include the case name, case number, and court name.
• Introduction: State the type of motion and the specific grounds for dismissal.
• Argument: Present a concise and well-reasoned argument supporting the grounds for dismissal. Cite relevant legal authority and cases.
• Conclusion: Request that the court grant the motion to dismiss and provide any additional relief sought.

Step 3: Attach Supporting Documents

If necessary, attach supporting documents, such as exhibits, affidavits, or other evidence that supports the motion.

Step 4: File and Serve

File the motion to dismiss with the court and serve a copy on the opposing party.

Tips and Tricks for an Effective Motion to Dismiss

• Be concise and specific: Clearly state the grounds for dismissal and focus on the most compelling arguments.
• Support your arguments with legal authority: Cite relevant statutes, cases, and treatises that support your position.
• Proofread carefully: Review the motion thoroughly for errors in grammar, spelling, and formatting.
• File on time: Adhere to the court's deadline for filing motions to dismiss.

Sample Motion to Dismiss for Failure to State a Claim

United States District Court for the District of Minnesota
Case No. 1:23-cv-00001

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

Plaintiff
John Doe

Defendant
ABC Corporation

Introduction

Plaintiff John Doe hereby moves this Court to dismiss Defendant ABC Corporation's Complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Argument

Defendant's Complaint alleges that Plaintiff breached a contract by failing to deliver goods on time. However, the Complaint fails to provide any specific facts or allegations that establish a valid breach of contract claim.

1. The Complaint does not allege when the contract was entered into or the terms of the contract.
2. The Complaint does not allege when the goods were supposed to be delivered or when Plaintiff allegedly failed to deliver them.
3. The Complaint does not allege any damages suffered by Defendant as a result of Plaintiff's alleged breach.

Without these essential allegations, Defendant's Complaint fails to state a viable claim for breach of contract.

Conclusion

For the foregoing reasons, Plaintiff respectfully requests that this Court grant this Motion to Dismiss and dismiss Defendant's Complaint for failure to state a claim upon which relief can be granted.

Dated: March 1, 2023

Table 1: Types of Motions to Dismiss and Grounds

Table 2: Motivation of Parties Filing Motions to Dismiss

Table 3: Tips for an Effective Motion to Dismiss

Table 4: Pain Points Addressed by Motions to Dismiss