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Motion to Dismiss

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Motion To Dismiss Case Against Less Than All Parties

State of Indiana

County of

In the Court

Plaintiff

vs.

) ) ) ) ) ) ) ) )

Case No.

(Insert name and specify Plaintiff or Defendant)'S MOTION
TO DISMISS CASE AGAINST LESS THAN ALL PARTIES

Comes now (, insert name ) and requests that the court dismiss this case against the following parties, ().

WHEREFORE, () asks the Court to dismiss this case against the following parties, (), and for all other proper relief.

Date

Signature of Attorney

(Printed/Typed Name)

Attorney Number

Address

Certificate of Service

The undersigned hereby certifies that, on , , a copy of the foregoing ( 's or 's) Motion To Dismiss Case Against Less Than All Parties was deposited in the United States mail, postage paid, addressed to (indicate all name(s) and address(es) where motion was served).

Motion 2a-8-1998

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What a Motion to Dismiss Is and when it applies

A Motion to Dismiss is a formal court filing asking a judge to dismiss some or all claims before trial because the complaint fails to state a legally sufficient claim, lacks jurisdictional basis, is time-barred, or for other procedural defects. Motions to dismiss may raise subject-matter jurisdiction, personal jurisdiction, improper service, failure to state a claim under the applicable rule (for federal cases, Fed. R. Civ. P. 12(b)(1)–(6)), or statutory and constitutional defenses. Practitioners typically attach the complaint, relevant statutes and case law, and any required exhibits or affidavits to support legal arguments and jurisdictional facts.

Why a properly prepared Motion to Dismiss matters

A well-drafted Motion to Dismiss can terminate meritless litigation, narrow issues for later phases, preserve defenses, and save time and costs for parties and the court. It must track the controlling procedural rule and include clear factual and legal support to avoid waiver or sanctions.

Why a properly prepared Motion to Dismiss matters

Who typically prepares and files a Motion to Dismiss

Motions to Dismiss are used by parties and their counsel at both federal and state levels to dispose of defective claims early in litigation.

  • Defense attorneys seeking dismissal for lack of subject-matter jurisdiction or failure to state a claim.
  • In-house or outside corporate counsel protecting organizational interests and preserving affirmative defenses.
  • Pro se litigants responding to suits and asserting procedural or jurisdictional defects without counsel.

Parties should confirm local court rules for formatting, service, page limits, and required notices before filing.

Core components to include in a professional Motion to Dismiss

A complete motion organizes legal grounds, facts, and authorities so the court can decide without unnecessary discovery or hearings.

Caption

Court name, case number, party names, and assigned judge; accurate caption ensures the clerk places the motion in the correct file and avoids ministerial rejection.

Statement of Basis

Concise statement of legal grounds (e.g., lack of jurisdiction, failure to state a claim under Fed. R. Civ. P. 12(b)(6), statute of limitations) with citations to controlling law.

Relevant Facts

Short, nonconclusory recitation of facts drawn from the complaint and public record that explain why dismissal is warranted and what facts, if any, may be considered on a Rule 12 motion.

Legal Argument

Organized arguments tied to authority, statutory text, and precedent; explain standard of review and reference key cases supporting dismissal.

Exhibits and Evidence

Attach the complaint, documents referred to in the complaint, statutes, and any necessary jurisdictional affidavits or certified records that are appropriate on a pre-answer motion.

Signature Block

Include counsel name, bar number, firm, mailing address, email, telephone, and signature line; a licensed attorney usually signs for represented parties.

Step-by-step: drafting and filing a Motion to Dismiss

Follow a consistent sequence so you meet procedural, service, and local-rule requirements.

  • 01
    Prepare Draft: Draft caption, statement of grounds, and supporting arguments.
  • 02
    Attach Exhibits: Include complaint, statutes, and referenced records.
  • 03
    Check Local Rules: Confirm page limits, formatting, and citation rules.
  • 04
    File and Serve: E-file if available and serve opposing counsel per rule.

How to set up an online workflow for filing and service

Configure templates and authentication so documents meet filing and service requirements when using e-filing or e-signature platforms.

Field Configuration
Template Name Use a template titled 'Motion to Dismiss' with required fields prefilled.
Signature Method Allow typed signature with audit trail or uploaded signature image per court acceptance.
Authentication Require signer email and optional SMS code for identity verification.
Retention Policy Store signed motion and audit trail for retention period mandated by law.

Where to file and how the submission process typically flows

Filing and service depend on the court level and local rules; follow the clerk's procedures and service requirements closely.

  • Federal Court: E-file via CM/ECF if authorized; serve according to Fed. R. Civ. P. 5.
  • State Court: Use state e-filing system or clerk's office filing procedures.
  • Service: Serve opposing counsel electronically if permitted or as required by local rules.
  • Clerk Processing: Clerk assigns a filing time stamp and docket entry.

Electronic signing and e-submission: technical and integration considerations

Use a platform that produces a verifiable audit trail, supports standard document formats, and integrates with court e-filing or your document management system.

  • File Formats: PDF and Word DOCX supported
  • Authentication: Email, SMS code, or advanced options
  • Integrations: Works with common storage and e-filing tools

Ensure the platform's audit trail captures signer identity, IP address, and timestamps; retain the executed file and audit log to meet court and retention demands.

Common timing rules and response periods to watch

Deadlines differ by court; note federal rules and local scheduling orders when setting briefing timelines.

Federal response window:

Default answer deadline is 21 days after service (Fed. R. Civ. P. 12(a)(1)).

If motion is filed:

Answer deadline tolled while a pending Rule 12 motion remains under consideration (Fed. R. Civ. P. 12(a)(4)).

Reply briefs:

Local rules typically set the deadline for replies, often 7–14 days after opposition is filed.

Removal & remand timing:

Removal and related motions have strict statutory and procedural windows.

State court variations:

Many states set shorter or longer briefing schedules; consult local rules.

Key milestones in the motion lifecycle

Track milestones from filing through disposition to manage deadlines and potential extensions efficiently.

01

Complaint Filed

Triggers defendant's response period and jurisdictional review.

02

Motion Filed

Defendant files motion with supporting authorities and exhibits.

03

Opposition Filed

Plaintiff files opposition and supporting materials.

04

Court Decision

Judge issues an order resolving all or part of the motion.

Required case and document information to include

Case Caption: Court, parties, docket number
Motion Title: Clear label: 'Motion to Dismiss'
Grounds: Specific legal bases cited
Supporting Exhibits: Complaint, statutes, records
Service Details: Method and date of service
Signature: Attorney or party signature

Legal risks and consequences of errors

Waiver of Defenses: Possible waiver per Fed. R. Civ. P. 12(h)
Sanctions: Risk of sanctions under Fed. R. Civ. P. 11
Default Risk: Failure to respond may lead to default judgment
Rejection: Clerk may reject noncompliant filings
Delay: Procedural defects can prolong litigation
Evidentiary Limits: Improper facts may be excluded on 12(b)(6)

Common drafting and filing mistakes to avoid

  • Failing to attach or accurately cite the complaint and referenced exhibits, which leaves the court without the necessary record to rule on jurisdictional or substantive defects.
  • Relying on disputed facts that require discovery rather than focusing on facial deficiencies under the governing Rule 12 standard.
  • Ignoring or misapplying local rules for page limits, font size, or citation format, producing clerical rejections or sanctions risk.
  • Serving the motion incorrectly or failing to include a certificate of service, which can result in an untimely or ineffective filing.

Who has authority to sign and submit a Motion to Dismiss

Attorney — Counsel of Record

A licensed attorney filing a motion signs on behalf of a represented party, certifying the motion complies with procedural and ethical rules; the signature includes bar number and contact information and binds counsel to Fed. R. Civ. P. 11 responsibilities.

Pro se Party — Self-Represented

An individual party proceeding pro se may sign and file a motion on their own behalf; courts accept pro se filings but the party remains subject to the same procedural rules and potential sanctions for improper filings.

Illustrative examples of Motion to Dismiss usage

Below are two anonymized examples that show common fact patterns and outcomes for motions filed early in litigation.

Defense in Federal Contract Case

A defendant filed a Rule 12(b)(6) motion after service alleging the complaint failed to state a breach-of-contract claim under governing law

  • Court reviewed only documents in the complaint and governing statute
  • The court dismissed two claims without prejudice and allowed limited amendment on a narrow factual deficiency, saving discovery costs and narrowing disputed issues.

Public Entity Jurisdictional Challenge

A municipality moved to dismiss for lack of subject-matter jurisdiction and sovereign-immunity grounds

  • The motion relied on statutory immunity and certified public records
  • The court dismissed certain claims with prejudice and remanded remaining claims to administrative process, avoiding protracted litigation.

Practical tips for accurate, efficient motions

Adopt a checklist approach to reduce errors and ensure compliance with local practice and filing requirements.

Start with Local Rules
Review the target court's local rules and standing orders for page limits, citation format, filing procedures, and expedited/telephonic argument options before drafting to avoid clerical rejection and last-minute rework.
Use a Consistent Template
Create a motion template that includes caption, signature block, certificate of service, and exhibit indexing to reduce drafting time and ensure required elements are always present.
Be Concise and Cited
Limit factual recitations to what the court may consider on a Rule 12 motion, and support legal points with controlling authority; long fact-heavy briefs risk being treated as premature motions for summary judgment.
Preserve the Record
Attach or reference only admissible or judicially noticeable materials; keep a copy of all filed versions and the platform audit trail for potential appeals or sanctions inquiries.

Frequently asked questions about Motions to Dismiss

Answers to frequent procedural and filing questions when drafting, signing, and serving a Motion to Dismiss.


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eSignature platform pricing and key features relevant to legal filings

Comparing vendor starting prices and common features that matter when e-signing and storing legal filings; signNow is listed first for parity and clarity.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
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