Motion to Dismiss

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[____] JUDICIAL DISTRICT AT [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]

DEFENDANT'S MOTION TO DISMISS

INTRODUCTION

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Alaska Rule of Civil Procedure 12(b) for an Order dismissing the Complaint filed by Plaintiff [________________________________] ("Plaintiff") in its entirety, with prejudice, and for such other and further relief as this Court deems just and proper.

This Motion is made on the grounds set forth below, and is supported by the accompanying Memorandum of Points and Authorities, the pleadings and papers on file in this action, and any oral argument the Court may permit.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss this action on the following grounds (check all that apply):

☐ Ground 1 – Lack of Subject Matter Jurisdiction
Pursuant to Alaska R. Civ. P. 12(b)(1): The Court lacks jurisdiction over the subject matter of this action because [________________________________].

☐ Ground 2 – Lack of Personal Jurisdiction
Pursuant to Alaska R. Civ. P. 12(b)(2): The Court lacks jurisdiction over the person of Defendant because [________________________________].

☐ Ground 3 – Improper Venue
Pursuant to Alaska R. Civ. P. 12(b)(3): Venue is improper in this judicial district because [________________________________]. Proper venue lies in [________________________________] pursuant to AS [________________________________].

☐ Ground 4 – Insufficiency of Process
Pursuant to Alaska R. Civ. P. 12(b)(4): The process issued by the Court is legally insufficient because [________________________________].

☐ Ground 5 – Insufficiency of Service of Process
Pursuant to Alaska R. Civ. P. 12(b)(5): Service of process upon Defendant was legally insufficient because [________________________________].

☐ Ground 6 – Failure to State a Claim Upon Which Relief Can Be Granted
Pursuant to Alaska R. Civ. P. 12(b)(6): The Complaint fails to state a claim upon which relief can be granted because [________________________________].

☐ Ground 7 – Failure to Join an Indispensable Party
Pursuant to Alaska R. Civ. P. 12(b)(7): Plaintiff has failed to join a party required under Alaska R. Civ. P. 19, specifically [________________________________], whose joinder is required because [________________________________].

☐ Ground 8 – Statute of Limitations
The claims asserted in the Complaint are barred by the applicable statute of limitations, AS [________________________________], which provides a [____]-year limitations period. Plaintiff's cause of action accrued on or about [__/__/____], and the Complaint was not filed until [__/__/____], more than [____] year(s) after accrual.

☐ Ground 9 – Res Judicata / Claim Preclusion
The claims asserted are barred by the doctrine of res judicata because the same claims between the same parties were previously adjudicated in Case No. [________________________________], [________________________________] Court, which resulted in a final judgment on the merits on [__/__/____].

☐ Ground 10 – Collateral Estoppel / Issue Preclusion
One or more issues essential to Plaintiff's claims were previously litigated and decided adversely to Plaintiff in Case No. [________________________________], [________________________________] Court.

☐ Ground 11 – Lack of Standing
Plaintiff lacks standing to bring this action because [________________________________].

☐ Ground 12 – Sovereign / Governmental Immunity
Defendant is immune from suit pursuant to AS [________________________________] because [________________________________].

☐ Ground 13 – Other
[________________________________].

PROCEDURAL BACKGROUND

1. On or about [__/__/____], Plaintiff filed the Complaint in this action in the [____] Judicial District, [________________________________].

2. Defendant was purportedly served with the Summons and Complaint on [__/__/____].

3. This Motion to Dismiss is timely filed pursuant to Alaska R. Civ. P. 12(b), which requires that motions asserting the defenses listed therein be made before pleading if a further pleading is permitted, or within the time allowed for Defendant's answer.

4. Defendant's answer is due on or before [__/__/____]. This Motion is filed within the time allowed.

5. [Set forth any additional relevant procedural history.]
   [________________________________]
   [________________________________]

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION AND SUMMARY OF ARGUMENT

Plaintiff's Complaint should be dismissed in its entirety for the reasons set forth herein. [Provide a brief, one-to-two paragraph summary of why the Complaint fails as a matter of law.]

[________________________________]
[________________________________]
[________________________________]

II. LEGAL STANDARD

A. Standard for Dismissal Under Alaska R. Civ. P. 12(b)(6)

A motion to dismiss for failure to state a claim under Alaska Rule of Civil Procedure 12(b)(6) tests the legal sufficiency of the plaintiff's complaint. When ruling on such a motion, the court accepts as true all well-pleaded factual allegations of the complaint and draws all reasonable inferences in favor of the non-moving party. Guerrero v. Alaska Housing Finance Corp., 6 P.3d 250, 254 (Alaska 2000).

Alaska follows a notice pleading standard. Under Alaska R. Civ. P. 8(a), a complaint need only contain "a short and plain statement of the claim showing that the pleader is entitled to relief." However, a complaint will be dismissed under Rule 12(b)(6) if the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief. Alakayak v. British Columbia Packers, Ltd., 48 P.3d 432, 447 (Alaska 2002).

The Court may dismiss a complaint where the plaintiff fails to allege facts sufficient to establish each element of the claimed cause of action. Dismissal is appropriate when the complaint reveals a legal deficiency that cannot be remedied by amendment.

B. Standard for Dismissal Under Alaska R. Civ. P. 12(b)(1) – Subject Matter Jurisdiction

A motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) may raise either a facial challenge (based solely on the pleadings) or a factual challenge (based on extrinsic evidence). State v. Nascimento, 89 P.3d 263 (Alaska 2004). The burden of establishing subject matter jurisdiction rests on the party asserting it. The court may consider evidence beyond the pleadings when resolving a 12(b)(1) motion.

C. Standard for Dismissal Under Alaska R. Civ. P. 12(b)(2) – Personal Jurisdiction

On a motion to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing a prima facie showing of jurisdiction. Alyeska Pipeline Serv. Co. v. Aurora Air Serv., Inc., 604 P.2d 1090 (Alaska 1979). The exercise of personal jurisdiction over a non-resident defendant must comport with Alaska's long-arm statute, AS 09.05.015, and constitutional due process requirements.

III. ARGUMENT

A. [GROUND 1: LACK OF SUBJECT MATTER JURISDICTION — if applicable]

[INSTRUCTION: Delete or adapt sections as applicable to your specific grounds.]

The Court lacks subject matter jurisdiction over this action because [________________________________].

Alaska courts are courts of general jurisdiction; however, jurisdiction may be divested or limited by statute. [Cite applicable statute or case law.] Here, [explain why the court lacks subject matter jurisdiction.] [________________________________].

Specifically, [________________________________].

Therefore, this action must be dismissed pursuant to Alaska R. Civ. P. 12(b)(1).

B. [GROUND 2: LACK OF PERSONAL JURISDICTION — if applicable]

The Court lacks personal jurisdiction over Defendant because Defendant lacks the requisite minimum contacts with the State of Alaska to satisfy constitutional due process requirements under International Shoe Co. v. Washington, 326 U.S. 310 (1945), as interpreted and applied in Alaska. See also AS 09.05.015 (Alaska long-arm statute).

Specifically:

1. Defendant [________________________________] is a resident of / corporation incorporated in / entity organized under the laws of [________________________________].

2. Defendant does not maintain a registered agent, office, or place of business in Alaska.

3. The [acts / events / transactions / claims] giving rise to Plaintiff's Complaint did not occur in Alaska.

4. Defendant has not purposefully availed itself of the privileges of conducting activities in Alaska such that it should reasonably anticipate being haled into court here.

[Provide additional jurisdictional facts.] [________________________________].

Because Plaintiff cannot establish the minimum contacts necessary for specific or general personal jurisdiction, the action must be dismissed pursuant to Alaska R. Civ. P. 12(b)(2).

C. [GROUND 3: IMPROPER VENUE — if applicable]

Venue is improper in this judicial district. Under AS 22.10.030 (superior court venue) and/or AS [________________________________], venue for this type of action lies in [________________________________] because [________________________________].

[Explain why venue is proper elsewhere and improper here.] [________________________________].

This action must be dismissed or transferred pursuant to Alaska R. Civ. P. 12(b)(3) and AS [________________________________].

D. [GROUND 4 / 5: INSUFFICIENCY OF PROCESS / SERVICE OF PROCESS — if applicable]

Plaintiff failed to properly serve the Summons and Complaint upon Defendant as required by Alaska R. Civ. P. 4. Specifically:

☐ The summons was not issued in proper form as required by Alaska R. Civ. P. 4(a).

☐ Service was not effected within the time period required by Alaska R. Civ. P. 4(j) ([____] days from filing of the complaint).

☐ Service was not made on a proper person or in a proper manner as required by Alaska R. Civ. P. 4(d).

☐ [Other deficiency]: [________________________________].

Because proper service is a prerequisite to the Court's exercise of personal jurisdiction, this action must be dismissed pursuant to Alaska R. Civ. P. 12(b)(4) and/or 12(b)(5).

E. [GROUND 6: FAILURE TO STATE A CLAIM — if applicable]

The Complaint fails to state a claim upon which relief can be granted and must be dismissed pursuant to Alaska R. Civ. P. 12(b)(6).

Count [____]: [Name of Claim]

To state a claim for [name of cause of action] under Alaska law, a plaintiff must allege: (1) [element one]; (2) [element two]; (3) [element three]; and (4) [element four]. [Case citation], [____] P.[____] [____] (Alaska [____]).

Here, the Complaint fails to adequately allege [element(s)]:

• [Element]: The Complaint alleges [________________________________], but this is [insufficient / incorrect / conclusory] because [________________________________].

• [Element]: The Complaint fails to allege [________________________________], which is required because [________________________________].

[Repeat for each count / cause of action.]

Because Plaintiff has failed to allege facts sufficient to establish the essential elements of [each / the] cause[s] of action, dismissal is required.

F. [GROUND 8: STATUTE OF LIMITATIONS — if applicable]

Plaintiff's claims are time-barred under AS [________________________________].

The applicable statute of limitations for [type of claim] in Alaska is [____] year(s). The cause of action accrued when [________________________________], which occurred on or about [__/__/____]. See [cite Alaska case on accrual doctrine].

Plaintiff filed this action on [__/__/____], which is [____] days / months / years after the limitations period expired. Accordingly, all claims are barred as a matter of law and must be dismissed with prejudice.

No tolling doctrine applies here because [________________________________].

IV. CONCLUSION

For the foregoing reasons, Defendant [________________________________] respectfully requests that this Court:

1. Grant this Motion to Dismiss in its entirety;

2. Dismiss the Complaint with prejudice as to [all claims / specific claims];

☐ 3. Alternatively, if the Court does not dismiss the Complaint with prejudice, dismiss without prejudice to allow Plaintiff the opportunity to amend;

☐ 4. Transfer this action to [________________________________] where venue is proper;

5. Award Defendant its costs and attorney's fees pursuant to Alaska R. Civ. P. 82 and/or AS [________________________________]; and

6. Grant such other and further relief as this Court deems just and proper.

REQUEST FOR ORAL ARGUMENT

☐ Defendant requests oral argument on this Motion pursuant to Alaska R. Civ. P. 77.

Estimated time needed for argument: [____] minutes per side.

PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] respectfully prays for an Order:

1. Granting this Motion to Dismiss;

2. Dismissing the Complaint [with / without] prejudice;

3. Awarding Defendant its reasonable attorney's fees and costs pursuant to Alaska R. Civ. P. 82; and

4. For such other and further relief as the Court deems appropriate.

Respectfully submitted,

Dated: [__/__/____]

[________________________________]
[________________________________] (Bar No. [____])
[________________________________]
[________________________________]
[________________________________], Alaska [____]
Telephone: ([____]) [____]-[____]
Facsimile: ([____]) [____]-[____]
Email: [________________________________]
Attorney for Defendant [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing DEFENDANT'S MOTION TO DISMISS and supporting Memorandum of Points and Authorities upon the following parties by the method(s) indicated:

Plaintiff's Counsel / Plaintiff (if Pro Se):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

☐ Electronic Service via Alaska CourtView/TrueFile (e-filing system) — the filing system will electronically notify all registered parties.

☐ U.S. Mail, First Class, postage prepaid.

☐ Hand Delivery.

☐ Email (with consent): [________________________________]

☐ Facsimile: ([____]) [____]-[____]

[________________________________]
[Print Name]
[________________________________]
[Title / Attorney / Paralegal]

FILING NOTES AND INSTRUCTIONS

Deadline to File: Under Alaska R. Civ. P. 12(b), a motion asserting any of the Rule 12(b) defenses must be made before pleading if a further pleading is permitted. The defendant's answer in Alaska superior court is typically due within 20 days after service of the summons and complaint (Alaska R. Civ. P. 12(a)). This Motion must be filed on or before the deadline to answer.

Motion Practice Rules: Motions in Alaska state courts are governed by Alaska R. Civ. P. 77. Under Supreme Court Order 2042 (effective October 15, 2025), Rules 77(a)(3) and (c)(1)(iii) were amended; confirm current local rules apply.

Response Time: The opposing party has 10 days to oppose a motion in most Alaska superior courts (verify current local rules for your specific district).

Page Limits: Consult the local rules for the specific judicial district and any standing orders from the assigned judge. Generally, memoranda in support of motions should not exceed a reasonable length; check local rules.

E-Filing: Alaska state courts use the TrueFile e-filing system (CourtView). File through https://courts.alaska.gov/. Verify current e-filing requirements for your district.

Attorney Fees: Alaska R. Civ. P. 82 provides for partial attorney fee awards to the prevailing party. If this motion is granted, you may be entitled to an award of fees.

Waiver of Defenses: Under Alaska R. Civ. P. 12(h), the defenses of lack of personal jurisdiction (12(b)(2)), improper venue (12(b)(3)), insufficiency of process (12(b)(4)), and insufficiency of service (12(b)(5)) are waived if not raised in a pre-answer motion or in the answer. The defense of failure to state a claim (12(b)(6)) may be raised later in the proceedings. Subject matter jurisdiction (12(b)(1)) can never be waived.

Sources and References:

• Alaska Rules of Civil Procedure: https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Court System: https://courts.alaska.gov/
• Alaska CourtView (e-filing): https://courts.alaska.gov/
• Alaska Statutes: https://www.akleg.gov/