[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 BASED ON STATUTE OF LIMITATIONS
________________________________________________________________________________________________

[// 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)(6), to dismiss the [COMPLAINT/AMENDED COMPLAINT] because the claims are time-barred by the applicable statute of limitations.

This Motion is based on the accompanying Memorandum of Points and Authorities, the pleadings, and any matters of which the Court may take judicial notice.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

The complaint is untimely on its face. The latest possible accrual date was [DATE], and the limitations period is [NUMBER] years. Plaintiff filed this action on [FILING DATE], after the limitations period expired.

II. Factual Background and Timeline

• Alleged wrongful act or injury: [DATE].
• Accrual date and basis: [DATE] ([INJURY RULE/DISCOVERY RULE]).
• Limitations period: [NUMBER] years under [STATUTE].
• Filing date: [DATE].

III. Legal Standard

A claim may be dismissed under Rule 12(b)(6) when the statute of limitations defense is apparent on the face of the complaint. The Court may consider matters of public record or subject to judicial notice.

IV. Argument

A. The applicable limitations period is [NUMBER] years.
[Cite governing statute and case law.]

B. The claims accrued no later than [DATE].
[Explain accrual and why the complaint's allegations fix the accrual date.]

C. No tolling or delayed accrual applies.
[Address discovery rule, equitable tolling, fraudulent concealment, or statutory tolling as needed.]

D. The claims are time-barred.
Because the complaint was filed after the limitations period expired, the claims must be dismissed.

V. Requested Relief

Defendant respectfully requests that the Court dismiss the time-barred claims with prejudice. In the alternative, Defendant requests dismissal of claims or damages that fall outside the limitations period.

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]