Motion to Dismiss - Alaska

DEFENDANT'S MOTION TO DISMISS

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[________] JUDICIAL DISTRICT AT [________________]

Case No.: [________________]

Motion and relief requested

Defendant [________________], through counsel [________________], moves under Alaska R. Civ. P. 12(b) for the relief selected below as to ☐ the whole complaint ☐ these specified claims or parties: [________________]. Defendant relies on the accompanying memorandum, the pleadings, and the identified record materials.

• ☐ Rule 12(b)(1), lack of subject matter jurisdiction: [________________].
• ☐ Rule 12(b)(2), lack of personal jurisdiction: [________________].
• ☐ Rule 12(b)(3), improper venue: [________________]. Defendant requests a change of venue to [judicial district and location], if the venue ground is established.
• ☐ Rule 12(b)(4), insufficiency of process: [________________].
• ☐ Rule 12(b)(5), insufficiency of service of process: [________________].
• ☐ Rule 12(b)(6), failure to state a claim upon which relief can be granted: [________________].
• ☐ Rule 12(b)(7), failure to join a party under Rule 19: [identify absent person and basis].

The requested disposition is ☐ dismissal without prejudice ☐ dismissal with prejudice, as supported by the selected ground and controlling law ☐ change of venue ☐ other tailored relief: [________________].

Procedural background

1. Plaintiff filed the complaint on [__/__/____]. Defendant was served with the summons and complaint on [__/__/____] by [method].
2. Defendant has not yet served an answer. The ordinary answer deadline, after applying Rule 12(a), any applicable exception, and any court order, is [__/__/____].
3. The pleaded claim or party affected by each selected ground is [________________]. The record material relevant to a jurisdictional or service objection is [identify each exhibit and page]: [________________].

Memorandum of points and authorities

Governing rule

Rule 12(b) permits the seven defenses listed above to be raised by motion instead of in a responsive pleading. If a party chooses to move on one of those grounds, the motion must be made before pleading when a further pleading is permitted. Rule 8(a) requires a short and plain statement showing entitlement to relief and a demand for judgment. Defendant identifies the particular defect in the selected claim or procedural step below.

Ground and application

Selected ground: Rule 12(b)([____]).

Allegations or process challenged: [Identify complaint paragraphs, summons, return of service, or other relevant materials: ________________________________].

Controlling authority and its application: [State the legal rule for this particular claim and why the identified allegation or process fails it: ________________________________].

Additional ground, if selected: Rule 12(b)([____]); facts, authority, and application: [________________].

For a Rule 12(b)(3) venue challenge, first determine whether Rule 3(b)'s separate venue rule for specified real property actions applies. If it does, identify where the property is situated: [________________]. Otherwise, identify where the claim arose, where the defendant may be personally served, and whether a venue district accepts the filing under Rule 3(c): [________________]. Request a change of venue to [________________] if the current venue is improper.

For a Rule 12(b)(7) objection, identify the absent person, the Rule 19 basis for joinder, whether joinder is feasible, and the relief requested: [________________].

Conclusion

For these reasons, Defendant requests the ground-specific relief selected above and in the proposed order. Defendant requests oral argument ☐ yes ☐ no. If oral argument is requested, Defendant will comply with Rule 77(e)'s request procedure; the court will set any hearing.

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[Attorney name] (Alaska Bar No. [________])
[Street address]
[City, Alaska ZIP]
[Telephone] | [Email]
Attorney for Defendant [________________]

Certificate of service

I certify that on [__/__/____], I served this motion, memorandum, exhibits [identify], and the attached proposed order on [recipient name and address] by [method and supporting service authority]: [________________].

Signature: ______________________________
Printed name: [________________]

Exhibit A — Proposed order

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[________] JUDICIAL DISTRICT AT [________________]

Case No.: [________________]

ORDER ON DEFENDANT'S MOTION TO DISMISS

Having reviewed the motion, opposition, any reply, and the record, the Court orders:

1. The motion is ☐ granted ☐ denied ☐ granted in part as follows: [________________].
2. If granted, the claims or parties identified as [________________] are dismissed ☐ without prejudice ☐ with prejudice; or venue is changed to [________________].
3. Remaining claims and further directions: [________________].

Dated: [__/__/____]
BY THE COURT: ______________________________
Judge of the Superior Court

Supplemental hearing notice (use only after the court sets argument)

To all parties and counsel: The Court has set oral argument on Defendant's Motion to Dismiss for [__/__/____] at [____] ☐ a.m. ☐ p.m. at [courtroom or remote-hearing instructions]. This notice is served on [__/__/____] by [method].

Signature: ______________________________