Templates Litigation Court Documents Motion to Dismiss - Statute of Limitations
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[COURT NAME]
[COUNTY], [STATE]

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

MOTION TO DISMISS FOR STATUTE OF LIMITATIONS

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 because the claims are barred by the applicable statute of limitations.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

The Complaint is time-barred on its face and must be dismissed.

II. Background

  • Alleged events: [DATE(S)]
  • Complaint filed: [DATE]
  • Limitations period: [STATUTE AND TIME PERIOD]

III. Legal Standard

A claim must be filed within the statutory limitations period. Where the face of the complaint shows that the statute has run and no tolling applies, dismissal is appropriate.

IV. Argument

A. The claims accrued on [DATE] and the limitations period expired on [DATE].
[Explain accrual, discovery rule if applicable, and calculation.]

B. No tolling or exception applies.
[Address any tolling, equitable estoppel, or relation-back arguments and why they do not apply.]

C. Dismissal with prejudice is appropriate.
Because the claims are time-barred, amendment would be futile.

V. Requested Relief

[MOVING PARTY] respectfully requests that the Court:
1. Dismiss the Complaint with prejudice.
2. Award costs as permitted by law.

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 Statute of Limitations 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 Statute of Limitations, ORDERS as follows:
1. The Complaint is DISMISSED with prejudice.
2. [MOVING PARTY] is awarded costs as permitted by law.

IT IS SO ORDERED.

Dated: [DATE]

__________________________________
[JUDGE NAME]
[STATE] Judge

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Motion to Dismiss - Statute of Limitations

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