[COURT NAME]
[COUNTY], [STATE]

[PLAINTIFF NAME], )
Plaintiff, ) Case No. [CASE NUMBER]
v. )
[DEFENDANT NAME], )
Defendant. )

MOTION TO DISMISS FOR LACK OF JURISDICTION

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [MOVING PARTY] will and hereby does move the Court for an order dismissing the Complaint for lack of jurisdiction, including [LACK OF SUBJECT MATTER JURISDICTION/LACK OF PERSONAL JURISDICTION].

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

The Court lacks jurisdiction because [BRIEF SUMMARY OF JURISDICTIONAL DEFECT].

II. Background

[SUMMARIZE RELEVANT FACTS AND PROCEDURAL HISTORY.]

III. Legal Standard

A court must dismiss an action if it lacks subject matter jurisdiction. A plaintiff also bears the burden to establish personal jurisdiction through sufficient contacts and proper service under the applicable rules and constitutional due process standards.

IV. Argument

A. The Court lacks subject matter jurisdiction.
[Explain statutory or constitutional limits and why the claim falls outside them.]

B. The Court lacks personal jurisdiction over [MOVING PARTY].
[Explain absence of minimum contacts, purposeful availment, or specific jurisdiction.]

C. Dismissal is required or appropriate.
If jurisdiction is lacking, dismissal is mandatory. In the alternative, the Court should transfer the matter if permitted by law.

V. Requested Relief

[MOVING PARTY] respectfully requests that the Court:
1. Dismiss the Complaint without prejudice for lack of jurisdiction.
2. Vacate any improper service or orders entered without jurisdiction.
3. Award any other relief the Court deems just.

CONCLUSION

For the foregoing reasons, the Court should grant the motion to dismiss.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [MOVING PARTY]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Dismiss for Lack of Jurisdiction on all counsel of record via [METHOD OF SERVICE].

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered [MOVING PARTY]'s Motion to Dismiss for Lack of Jurisdiction, ORDERS as follows:
1. The Complaint is DISMISSED without prejudice for lack of jurisdiction.
2. Any pending motions are DENIED as moot.

IT IS SO ORDERED.

Dated: [DATE]

__________________________________
[JUDGE NAME]
[STATE] Judge