[COURT NAME]
[DIVISION] DIVISION

[PLAINTIFF NAME(S)], §
§
Plaintiff[s], §
§ CIVIL ACTION NO. [CASE NO.]
v. §
§
[DEFENDANT NAME(S)], §
§
Defendant[s]. §
________________________________________________§______________________________________________

DEFENDANT[S] MOTION TO DISMISS FOR LACK OF JURISDICTION
________________________________________________________________________________________________

[// GUIDANCE: Insert any required local-rule header language here.]

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, Defendant[s] [DEFENDANT NAME(S)] will and hereby do move the Court, pursuant to Fed. R. Civ. P. 12(b)(1) and/or 12(b)(2), to dismiss the [COMPLAINT/AMENDED COMPLAINT] for lack of subject matter jurisdiction and/or personal jurisdiction.

This Motion is based on the accompanying Memorandum of Points and Authorities, the pleadings, any matters of which the Court may take judicial notice, and such other evidence or argument as may be presented.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

Plaintiff has not met the burden to establish this Court's jurisdiction. The complaint fails to show [SUBJECT MATTER JURISDICTION BASIS] and this Court lacks personal jurisdiction over Defendant[s]. The action should be dismissed, or alternatively transferred, as permitted by law.

II. Factual Background

• Parties and citizenship: [FACTS RELEVANT TO DIVERSITY OR FEDERAL QUESTION].
• Jurisdictional facts: [CONTACTS WITH FORUM, PLACE OF INJURY, CONTRACT LOCATION].
• Procedural posture: [SERVICE DATE, REMOVAL, PRIOR MOTIONS].

III. Legal Standards

A. Rule 12(b)(1) - Subject Matter Jurisdiction
The Court must dismiss an action when it lacks subject matter jurisdiction. Plaintiff bears the burden to establish jurisdiction. A facial challenge tests the sufficiency of the allegations; a factual challenge permits consideration of evidence outside the pleadings.

B. Rule 12(b)(2) - Personal Jurisdiction
Plaintiff must show that jurisdiction is authorized by the forum's long-arm statute and consistent with due process. Due process requires minimum contacts such that haling Defendant into this forum does not offend traditional notions of fair play and substantial justice.

IV. Argument

A. The Court lacks subject matter jurisdiction.
[Explain why federal question is absent or diversity is incomplete/amount in controversy is not met; address supplemental jurisdiction if asserted.]

B. The Court lacks personal jurisdiction over Defendant.
[Explain lack of purposeful availment, lack of forum-directed conduct, and why specific or general jurisdiction is not present.]

C. Jurisdictional discovery is unwarranted.
[Explain why Plaintiff has not made a colorable showing and discovery would be futile or burdensome.]

V. Requested Relief

Defendant respectfully requests that the Court:
1. Dismiss the action for lack of subject matter jurisdiction and/or personal jurisdiction.
2. Alternatively, transfer the action to [PROPER COURT] under [STATUTE], if appropriate.
3. Award any other relief the Court deems just.

CONCLUSION

For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion to Dismiss.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Defendant[s]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Dismiss on all counsel of record via [METHOD OF SERVICE] in compliance with Fed. R. Civ. P. 5.

text
______________________________
[ATTORNEY NAME]