Motion to Dismiss

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Civil Action No.: [________________________________]

DEFENDANT'S MOTION TO DISMISS

INTRODUCTION

COMES NOW Defendant [________________________________] ("Defendant"), by and through undersigned counsel, and pursuant to Rule 12(b) of the Alabama Rules of Civil Procedure, respectfully moves this Court for an Order dismissing the Complaint filed by Plaintiff [________________________________] ("Plaintiff"), with prejudice, and as grounds therefore states as follows:

GROUNDS FOR DISMISSAL

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

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

☐ Ground 2 – Lack of Personal Jurisdiction [Ala. R. Civ. P. 12(b)(2)]
The Court lacks jurisdiction over the person of Defendant. Defendant lacks sufficient minimum contacts with the State of Alabama to satisfy constitutional due process requirements. [________________________________].

☐ Ground 3 – Improper Venue [Ala. R. Civ. P. 12(b)(3)]
Venue is improper in [________________________________] County. Venue is proper in [________________________________] County pursuant to Ala. Code § [________________________________].

☐ Ground 4 – Insufficiency of Process [Ala. R. Civ. P. 12(b)(4)]
The process issued in this action is insufficient because [________________________________].

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

☐ Ground 6 – Failure to State a Claim [Ala. R. Civ. P. 12(b)(6)]
The Complaint fails to state a claim upon which relief can be granted. Plaintiff's allegations, taken as true, do not support any legally cognizable cause of action.

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

☐ Ground 8 – Statute of Limitations
The claims asserted in the Complaint are barred by the applicable statute of limitations under Ala. Code § [________________________________], which provides a [____]-year limitations period. Plaintiff's cause of action accrued on or about [__/__/____], but this action was not commenced until [__/__/____].

☐ Ground 9 – Res Judicata / Claim Preclusion
Plaintiff's claims are barred by the doctrine of res judicata. A prior final judgment on the merits was entered in Case No. [________________________________] between the same parties concerning the same claims on [__/__/____].

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

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

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

☐ Ground 13 – Accord and Satisfaction / Release
Plaintiff's claims are barred because [________________________________].

☐ Ground 14 – Other
[________________________________].

PROCEDURAL BACKGROUND

1. On or about [__/__/____], Plaintiff filed this Complaint against Defendant in [________________________________] County Circuit Court.

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

3. Under Ala. R. Civ. P. 12(a), Defendant's answer is due within 30 days after service of process. This Motion is filed within that period and prior to the filing of an answer, as required by Ala. R. Civ. P. 12(b).

4. [Additional procedural facts as relevant.]
   [________________________________]

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

I. INTRODUCTION

This Memorandum of Law is submitted in support of Defendant's Motion to Dismiss pursuant to Alabama Rule of Civil Procedure 12(b). [Provide brief summary of argument.]

[________________________________]
[________________________________]

II. LEGAL STANDARD

A. Standard Under Ala. R. Civ. P. 12(b)(6) — Failure to State a Claim

In ruling on a motion to dismiss for failure to state a claim under Alabama Rule of Civil Procedure 12(b)(6), the court must accept as true the factual allegations of the complaint and determine whether the plaintiff can prove any set of facts in support of the claim that would entitle the plaintiff to relief. Nance v. Matthews, 622 So. 2d 297, 299 (Ala. 1993); Raley v. Citibanc of Alabama/Andalusia, N.A., 474 So. 2d 640, 641 (Ala. 1985).

Alabama follows a notice pleading standard. Under Ala. R. Civ. P. 8(a)(1), a complaint need only contain "a short and plain statement of the claim showing that the pleader is entitled to relief." However, the complaint must allege sufficient facts such that the plaintiff can "prove no set of facts in support of the claim that would entitle the plaintiff to relief." Garris v. Federal Land Bank of New Orleans, 584 So. 2d 791 (Ala. 1991).

While Alabama courts accept pleaded facts as true, they do not accept bare legal conclusions unsupported by facts. Bell v. Mims, 435 So. 2d 840 (Ala. 1983).

B. Standard Under Ala. R. Civ. P. 12(b)(1) — Subject Matter Jurisdiction

When a defendant challenges subject matter jurisdiction under Rule 12(b)(1), the plaintiff bears the burden of proving that the court has jurisdiction. The court may consider matters outside the pleadings in resolving such a motion without converting it to a motion for summary judgment.

C. Standard Under Ala. 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 that the defendant has sufficient minimum contacts with Alabama to satisfy due process. Ex parte McInnis, 820 So. 2d 795 (Ala. 2001). Alabama's long-arm rule, Ala. R. Civ. P. 4.2(b), extends jurisdiction to the fullest extent permitted by the United States Constitution. Ex parte DBI, Inc., 23 So. 3d 635 (Ala. 2009).

III. ARGUMENT

A. [SUBJECT MATTER JURISDICTION — complete if applicable]

This Court lacks subject matter jurisdiction because [________________________________].

[Cite and apply applicable statute or constitutional provision.] Specifically, [________________________________].

The Alabama Constitution, Art. VI, § 142, vests the circuit courts with general jurisdiction, but jurisdiction is limited by [________________________________]. Here, [________________________________].

Because the Court lacks authority to hear this matter, the Complaint must be dismissed pursuant to Ala. R. Civ. P. 12(b)(1).

B. [PERSONAL JURISDICTION — complete if applicable]

Defendant is [a non-resident individual / a corporation incorporated in / a foreign entity organized under the laws of] [________________________________] and does not have sufficient minimum contacts with Alabama to satisfy constitutional due process. International Shoe Co. v. Washington, 326 U.S. 310 (1945).

Specifically:

1. Defendant is not a resident of, domiciled in, or incorporated under the laws of Alabama.

2. Defendant does not maintain offices, employees, or a registered agent in Alabama.

3. The events giving rise to the claims alleged in the Complaint did not occur in or have connection to Alabama.

4. Defendant has not purposefully availed itself of the privilege of conducting activities in Alabama.

Neither specific jurisdiction nor general jurisdiction exists over Defendant in Alabama. Ex parte Troncalli Chrysler Plymouth Dodge, 876 So. 2d 459 (Ala. 2003). The Complaint must be dismissed pursuant to Ala. R. Civ. P. 12(b)(2).

C. [IMPROPER VENUE — complete if applicable]

Venue is improper in [________________________________] County. Under Ala. Code § 6-3-2 (actions against individuals) or § 6-3-7 (actions against domestic corporations) or § [________________________________], the proper venue for this action is [________________________________] County because [________________________________].

Dismissal or transfer is appropriate under Ala. R. Civ. P. 12(b)(3).

D. [INSUFFICIENCY OF PROCESS / SERVICE — complete if applicable]

Plaintiff failed to properly serve Defendant as required by Ala. R. Civ. P. 4. The deficiencies include:

☐ The summons was issued in improper form: [________________________________].

☐ Service was attempted on a person not authorized to accept service on behalf of Defendant.

☐ Service was not completed within the time required.

☐ Other: [________________________________].

Proper service of process is a prerequisite to the Court's jurisdiction over Defendant's person. Bank of New York v. Ratcliff, 24 So. 3d 1143 (Ala. 2009). This action must be dismissed pursuant to Ala. R. Civ. P. 12(b)(4) and/or 12(b)(5).

E. [FAILURE TO STATE A CLAIM — complete if applicable]

Count [____]: [Name of Cause of Action]

To state a claim for [cause of action] under Alabama law, a plaintiff must prove: (1) [element]; (2) [element]; (3) [element]; and (4) [element]. [Case Name], [____] So. [____] [____] (Ala. [____]).

The Complaint fails to state this claim because:

1. [Element not pleaded]: The Complaint does not allege [________________________________]. Without this allegation, the essential element of [________________________________] cannot be established.

2. [Element insufficiently pleaded]: The Complaint merely alleges [________________________________] without factual support. This conclusory allegation is insufficient to state a claim. Nance, 622 So. 2d at 299.

3. [Other deficiency]: [________________________________].

[Repeat analysis for each count.]

Because Plaintiff cannot prove any set of facts in support of [the / these] claim[s] that would entitle Plaintiff to relief, dismissal is required under Ala. R. Civ. P. 12(b)(6).

F. [STATUTE OF LIMITATIONS — complete if applicable]

Plaintiff's claims are time-barred under Alabama's statute of limitations, Ala. Code § [________________________________], which provides a [____]-year limitations period for [type of claim].

The Complaint alleges that [the relevant events / the injury / the breach] occurred on [__/__/____]. Under Alabama law, the cause of action accrued on that date. [Cite Alabama accrual case]. The applicable limitations period therefore expired on [__/__/____].

Plaintiff filed this action on [__/__/____], which is [____] days / months / years after expiration of the limitations period.

No tolling doctrine applies here because [________________________________]. All claims are therefore time-barred and must be dismissed with prejudice.

IV. CONCLUSION

For the reasons set forth herein, Defendant [________________________________] respectfully requests that this Court grant the Motion to Dismiss and:

1. Dismiss Plaintiff's Complaint in its entirety, [with / without] prejudice;

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

3. Award Defendant its costs and reasonable attorney's fees pursuant to Ala. Code § [________________________________] and/or applicable Alabama law; and

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

REQUEST FOR ORAL ARGUMENT

☐ Defendant respectfully requests oral argument on this Motion.

☐ Defendant does not request oral argument and submits this matter on the briefs.

Estimated argument time: [____] minutes.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Defendant [________________________________] respectfully moves this Court for an Order granting this Motion to Dismiss and dismissing Plaintiff's Complaint with prejudice, awarding Defendant its costs and attorney's fees, and for such other relief as the Court deems appropriate.

Respectfully submitted,

Dated: [__/__/____]

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

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing DEFENDANT'S MOTION TO DISMISS upon the following counsel / parties of record by the method indicated below:

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

☐ Electronic Filing / Service via Alacourt (AlaFile) — automatic electronic notification to all registered parties.

☐ U.S. Mail, First Class, postage prepaid, addressed as above.

☐ Hand Delivery.

☐ Electronic Mail (by agreement): [________________________________]

☐ Facsimile: ([____]) [____]-[____]

[________________________________]
[Print Name]
Attorney / Authorized Agent

FILING NOTES AND INSTRUCTIONS

Filing Deadline: Under Ala. R. Civ. P. 12(b), a Rule 12 motion must be made before pleading (i.e., before filing an answer). Defendant's answer is due within 30 days after service of process (Ala. R. Civ. P. 12(a)). District court defendants have only 14 days to answer (except unlawful detainer/eviction — 7 calendar days). File this Motion before the answer deadline.

Tolling Effect: Service of this Motion tolls the time to answer. If the Court denies or defers the Motion, the answer is due within 10 days after notice of the Court's action. Ala. R. Civ. P. 12(a).

E-Filing: Alabama circuit courts use the Alacourt/AlaFile system. File through https://alafile.alacourts.gov/. Verify current e-filing rules and requirements.

Page Limits: No statewide page limit is set by the Alabama Rules for circuit court briefs; however, local rules and individual judge standing orders may impose limits. Check the assigned judge's standing orders.

Waiver: Defenses 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 omitted from the first Rule 12 motion or the answer. Subject matter jurisdiction (12(b)(1)) is never waived. Ala. R. Civ. P. 12(h).

Waiver of Pleading Standard Argument: Alabama applies the "no set of facts" standard for 12(b)(6) motions — not the federal Twombly/Iqbal plausibility standard. When arguing failure to state a claim, use the Alabama standard and cite Alabama Supreme Court cases, not federal precedent.

Consolidation of Grounds: Under Ala. R. Civ. P. 12(g), if a party makes a Rule 12 motion before pleading, the party must include in that motion all grounds then available under Rule 12 that could be raised by such motion. A party may not make a second pre-answer motion raising grounds omitted from the first. Consolidate all Rule 12 grounds in this single motion.

Alabama Appellate Review: A ruling on a motion to dismiss for failure to state a claim under Ala. R. Civ. P. 12(b)(6) is reviewed de novo by the Alabama Supreme Court or Court of Civil Appeals. Nance v. Matthews, 622 So. 2d 297 (Ala. 1993). Preserve your arguments for appeal by raising them fully in this motion.

Sources and References:

• Alabama Rules of Civil Procedure, Rule 12: https://judicial.alabama.gov/docs/library/rules/cv12.pdf
• Alabama Judicial System: https://judicial.alabama.gov/
• Alabama Code (Justia): https://law.justia.com/codes/alabama/
• Alacourt / AlaFile e-filing: https://alafile.alacourts.gov/