What grounds support dismissal?

Typical grounds include lack of subject-matter or personal jurisdiction, improper service, failure to state a claim under Rule 12(b)(6), and statutory preemption. Select grounds consistent with the complaint’s allegations and applicable controlling law.

When must I file the motion?

Timing varies by jurisdiction. In federal practice many defenses under Rule 12 are raised before the answer; local rules set deadlines for responses, so check the applicable Federal Rules of Civil Procedure and local court rules.

Does filing waive other defenses?

Some procedural defenses may be waived if not timely raised. Carefully preserve non-waivable defenses and consult Rule 12 and local practice to avoid inadvertent waiver of available defenses.

Can I file and sign electronically?

Most courts accept electronic filings and recognize e-signatures consistent with ESIGN (15 U.S.C. §7001) and state rules, but confirm the court’s e-filing and signature policies before submission.

What happens if the motion is granted?

If granted with prejudice, the claim is dismissed permanently; if without prejudice, the plaintiff may amend the complaint. The court’s order will specify whether amendment is permitted and any timelines for further action.

Can I amend a defective motion?

Courts often allow amendment of motions or pleadings if justice requires it, especially early in litigation. File a motion to amend or seek leave under applicable procedural rules and explain the basis for correction.

Electronic Signature
Templates
Other
Motion to Dismiss

Motion to Dismiss

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Motion to Dismiss Does and when it applies

A Motion to Dismiss is a written request a defendant files asking the court to dismiss some or all claims in the opposing party’s complaint before trial. Common bases include lack of subject-matter or personal jurisdiction, improper service, failure to state a claim under Rule 12(b)(6), or preemption by federal law. Courts typically decide such motions on the pleadings and limited attachments; factual disputes often await discovery. The motion focuses on legal insufficiency rather than detailed evidentiary proof and seeks dismissal with or without prejudice.

Why moving to dismiss can be strategically important

A well-supported Motion to Dismiss can remove legally deficient claims early, narrow litigation scope, reduce discovery expense, and sometimes lead to dismissal with prejudice or an advantageous settlement.

Who typically prepares and files this motion

Typical users include defense attorneys, in-house counsel, and litigants seeking early dismissal on jurisdictional or pleading grounds.

Defense attorneys seeking to narrow claims or secure dismissal before costly discovery.
In-house counsel protecting corporate interests and avoiding prolonged litigation exposure.
Pro se litigants filing motions without counsel to challenge jurisdiction or pleading defects.

Use depends on jurisdictional rules and timing; many defendants file under Rule 12(b) or state equivalents early in the case.

Essential parts of a professional Motion to Dismiss

A strong Motion to Dismiss is concise, legally focused, and organized so the judge can resolve pleading defects without discovery. Each section serves a distinct purpose in persuading the court to dismiss specified claims.

Caption

Complete court caption with judge, court name, docket number, party names, and counsel contact details so the clerk assigns and routes the filing correctly.

Statement of Facts

A concise, non-conclusory summary of allegations assumed true at pleading stage; avoid evidentiary detail and emphasize facts showing legal insufficiency.

Legal Grounds

Clearly list the statutory or rule-based grounds (for example, Rule 12(b)(6) failure to state a claim) with controlling citations and short explanatory hooks.

Argument

Apply the appropriate standard of review to the pleaded facts, explain legal deficiencies, distinguish adverse authorities, and anticipate likely responses from opposing counsel.

Relief Requested

State whether dismissal is sought with or without prejudice, request alternative relief (stay, transfer), and identify any cost or sanction requests if supported.

Proposed Order

Attach a concise proposed order the judge can sign that identifies dismissed claims, any case management instructions, and directions to the clerk.

Required information and key filing elements

Case Caption: Court name, parties

Docket Number: Assigned case number

Identifying Parties: Plaintiff and defendant names

Grounds Cited: Rule/statute referenced

Attachments: Exhibits and proposed order

Certificate of Service: Proof of delivery

Step-by-step: preparing and filing the motion

Follow these steps to prepare, serve, and file a Motion to Dismiss in compliance with court rules.

01

Identify Grounds: Select jurisdictional or pleading deficiencies to assert.
02

Draft Motion: Assemble caption, facts, law, and proposed order.
03

Attach Exhibits: Include only limited materials the court may consider.
04

File and Serve: E-file per court rules and serve opposing counsel promptly.

How to complete the motion online and set routing

When preparing the motion electronically, configure fields and authentication to meet court and service requirements.

Upload Document	Use PDF or DOCX per court specifications.
Place Fields	Add signature and date fields for counsel where needed.
Authentication	Choose email, SMS, or stronger signer verification.
Attach Exhibits	Combine exhibits or attach as separate labeled files.
Routing Order	Set signers and service recipients in correct sequence.

Where to send and how filings are processed

A Motion to Dismiss must be filed with the court clerk and served on opposing counsel according to procedural rules.

Court Clerk: E-file or submit to the clerk per court rules.
Opposing Counsel: Serve via e-service, mail, or court-approved method.
Judge's Chambers: Judge may request chambers copies or courtesy emails.
E-Filing System: Upload documents through the court’s electronic portal.

Digital signing and e-submission considerations

Courts and local rules vary on acceptable e-signature and e-filing formats; confirm the court’s electronic filing policies before submission.

File Formats: PDF/A preferred; DOCX accepted by some courts
Authentication: Email, SMS, or multi-factor required by some portals
Integrations: Connect to cloud storage and e-filing systems

Use platforms that preserve an audit trail and maintain tamper-evident signed copies; configure signer authentication to comply with court and service rules before filing.

Timing and common scheduling rules

Deadlines for motions vary by jurisdiction; consult local rules and the Federal Rules of Civil Procedure where applicable.

Federal timing:

Raised before or in answer under Rule 12

State timing:

Depends on state civil procedure

Opposition period:

Follow court-specific response deadlines

Reply period:

Short reply windows common; check local rules

Hearing schedule:

Court sets oral argument if required

Common mistakes to avoid when preparing the motion

Relying on disputed facts rather than accepted pleadings and legal standards leads to premature arguments and weak motions.
Failing to follow local formatting, page limits, or briefing schedules often causes administrative rejection or unfavorable rulings.
Neglecting to serve all required parties or to file a proper certificate of service can result in procedural default.
Overloading the motion with evidentiary materials that are inappropriate at the pleading stage invites denial or conversion to summary judgment.

Risks and potential consequences of an incorrect motion

Waiver Risk: May waive some defenses

Sanctions: Possible fee or conduct sanctions

Delay Costs: Can prolong litigation timing

Struck Arguments: Court may strike improper material

Adverse Rulings: Partial dismissal can shape case theory

Preservation Issues: Failure to timely raise jurisdictional issues

Key milestones in the motion lifecycle

These stages show the typical sequence from filing through court resolution and any related hearings.

01

File Motion

Prepare and e-file the motion per court rules.

02

Serve Opponent

Complete service and file certificate of service.

03

Opposition and Reply

Opponent files response and movant may file a reply.

04

Hearing or Decision

Court rules on the motion or schedules argument.

E-signature vendor comparison for preparing and signing motions

Platform pricing and feature availability affect workflow choices; signNow is listed first for direct comparison against major alternatives.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no credit card	Trial available	Trial available	Limited trial	Limited trial
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Motions to Dismiss

Answers to frequent procedural and drafting questions to help avoid common errors and align filings with court expectations.

Need help? Contact support

What grounds support dismissal?
Typical grounds include lack of subject-matter or personal jurisdiction, improper service, failure to state a claim under Rule 12(b)(6), and statutory preemption. Select grounds consistent with the complaint’s allegations and applicable controlling law.
When must I file the motion?
Timing varies by jurisdiction. In federal practice many defenses under Rule 12 are raised before the answer; local rules set deadlines for responses, so check the applicable Federal Rules of Civil Procedure and local court rules.
Does filing waive other defenses?
Some procedural defenses may be waived if not timely raised. Carefully preserve non-waivable defenses and consult Rule 12 and local practice to avoid inadvertent waiver of available defenses.
Can I file and sign electronically?
Most courts accept electronic filings and recognize e-signatures consistent with ESIGN (15 U.S.C. §7001) and state rules, but confirm the court’s e-filing and signature policies before submission.
What happens if the motion is granted?
If granted with prejudice, the claim is dismissed permanently; if without prejudice, the plaintiff may amend the complaint. The court’s order will specify whether amendment is permitted and any timelines for further action.
Can I amend a defective motion?
Courts often allow amendment of motions or pleadings if justice requires it, especially early in litigation. File a motion to amend or seek leave under applicable procedural rules and explain the basis for correction.

Explore Templates

Motion to Amend Complaint Amended Complaint Form Motion to Quash Subpoena Offer of Judgment Business Summary Trial Subpoena

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now