Need to draft a Motion to Dismiss? Start strong with this ready-to-use sample template designed for early litigation success.
A Motion to Dismiss is often the first critical move in civil litigation. It gives defendants the opportunity to challenge the complaint early—saving time, energy, and costs if successful.
Below is a detailed sample template for filing a Motion to Dismiss, including key sections like the introduction, legal arguments, and conclusion. Customize it to fit your specific case and court rules.
[Court Name] [Case Number]
[Plaintiff’s Name], Plaintiff, v. [Defendant’s Name], Defendant.
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DEFENDANT’S MOTION TO DISMISS
Defendant, [Defendant’s Name], by and through undersigned counsel, respectfully moves this Court to dismiss the complaint filed by Plaintiff, [Plaintiff’s Name], pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or for such other relief as the Court deems appropriate. In support of this Motion, Defendant states as follows:
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I. Introduction
This action arises out of Plaintiff’s complaint alleging [brief summary: breach of contract, fraud, etc.]. Defendant respectfully moves to dismiss the complaint on the grounds that [brief general reason: failure to state a claim, lack of jurisdiction, etc.]. Plaintiff’s claims are legally insufficient because [summary of legal issues].
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II. Grounds for Dismissal
**A. Failure to State a Claim (Fed. R. Civ. P. 12(b)(6))** - Plaintiff has failed to plead facts sufficient to establish [type of claim, e.g., breach of contract], as the complaint lacks necessary legal elements. - Under applicable law, conclusory allegations without factual support do not satisfy pleading standards.
**B. Lack of Jurisdiction (Fed. R. Civ. P. 12(b)(1))** - The Court lacks subject matter jurisdiction because [reason: absence of diversity, no federal question, etc.].
**C. Statute of Limitations** - Plaintiff’s claims are time-barred under [specify statute of limitations], as the alleged conduct occurred beyond the permissible timeframe.
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III. Conclusion
For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion to Dismiss and dismiss Plaintiff’s Complaint in its entirety. Alternatively, Defendant seeks such other relief as the Court may deem just and proper.
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[Signature Block] [Attorney’s Name] Attorney for Defendant [Law Firm Name] [Address] [Phone Number] [Email Address] Dated: [Date]
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Certificate of Service
I hereby certify that on [Date], I served a copy of this Motion to Dismiss on Plaintiff by [method of service, e.g., mail, electronic service] at the following address: [Plaintiff’s Address or Plaintiff's Attorney’s Name and Address]
[Signature] [Attorney’s Name]
Customize Thoroughly: Tailor each section to fit the facts and legal context of your case.
Follow Local Rules: Each court may have unique requirements for motions.
Check Deadlines: Timing is critical—file within court-prescribed windows.
Support with Authority: Cite statutes and relevant case law to bolster your arguments.
📚 Templates are helpful, but a customized, well-supported motion carries much more weight.
🚫 Using Boilerplate Language Without Adaptation: Always personalize the motion to match the specifics of your case.
🚫 Ignoring Court-Specific Requirements: Format, service, and filing rules vary.
🚫 Neglecting Certificate of Service: Courts often require strict proof of service—don’t miss this step!
Starting litigation with a strong Motion to Dismiss can help you control the narrative—and the pace—of the case. Using a template like this ensures that you cover the key structural points while allowing room for personalized strategy.
A well-drafted Motion to Dismiss isn’t just procedural—it’s strategic.
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