Motion to Dismiss - Arizona

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

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

DEFENDANT'S MOTION TO DISMISS AND SUPPORTING MEMORANDUM

Defendant moves under Ariz. R. Civ. P. 12(b)([grounds]) to dismiss [identify pleading or counts]. The specific grounds and requested disposition are stated below. Defendant files and serves this motion before the responsive pleading if one is allowed. Select only grounds supported by the facts and law of this case.

Grounds and requested relief

• ☐ Rule 12(b)(1): lack of subject-matter jurisdiction — [basis].
• ☐ Rule 12(b)(2): lack of personal jurisdiction — [basis].
• ☐ Rule 12(b)(3): improper venue — [basis]. This defense is available only if the action cannot be or could not have been transferred to the proper county under A.R.S. § 12-404. If transfer is available, identify the proper county and seek that relief instead.
• ☐ Rule 12(b)(4): insufficient process — [defect].
• ☐ Rule 12(b)(5): insufficient service of process — [defect].
• ☐ Rule 12(b)(6): failure to state a claim — [pleading and legal defect].
• ☐ Rule 12(b)(7): failure to join a party required by Rule 19 — [party and reason].

Requested disposition: [dismiss specified claim(s) or action, with or without prejudice as supported by the selected ground / transfer if appropriate / other specific relief]. Do not request a dismissal with prejudice automatically for a jurisdictional, venue, process, or service defect.

Procedural background

1. [Pleading] was filed on [date]. Defendant was served on [date] by [method and location].
2. The responsive pleading deadline is [date], after applying the rule, any waiver of service, applicable court order, and the service method. Rule 12(a)(1)(A)(i) generally gives 20 days after service; Rule 4.2(m) generally gives 30 days for service outside Arizona. A timely waiver of service has a separate period under Rule 12(a)(1)(A)(ii).
3. [Relevant facts tied to each selected defense and the specific record support.]

Memorandum of points and authorities

A. Governing rule

Rule 12(b) permits the seven defenses listed above to be raised by a motion before a responsive pleading. Identify the particular rule and controlling authority for each selected defense. A motion under Rule 12(b)(6) or 12(c) must be treated as a summary-judgment motion if the court considers matters outside the pleadings rather than excluding them. Do not attach outside evidence to a Rule 12(b)(6) argument without addressing Rule 12(d).

B. Argument on each selected ground

Ground [number]: [name]. The relevant pleading alleges [quote or pinpoint]. The applicable rule or controlling authority requires [element]. [Explain exactly why the pleading or record fails that requirement, with a verified citation and record reference.] The appropriate relief on this ground is [specific relief].

[Repeat separately for each selected ground. For personal jurisdiction or service, identify the evidence and any required evidentiary procedure. For a limitations defense, identify the particular cause of action, operative statute, accrual date, and any pleaded tolling before making that argument.]

Conclusion

Defendant requests that the Court [specific disposition of each challenged count or claim], [transfer if applicable], and grant any other relief supported by the selected grounds. If costs are sought, make the required Rule 54(f) request at the proper stage. Any fee request must identify its independent authority and comply with Rule 54(g).

Dated: [DATE]
[ATTORNEY NAME AND ARIZONA BAR NUMBER]
[ADDRESS, PHONE, EMAIL]
Counsel for Defendant

Request for oral argument (optional)

☐ Defendant requests oral argument under Rule 7.1(d) because [case-specific reason]. The Court may decide the motion without oral argument. A hearing notice below may be used only after the Court sets a date or directs notice.

Good faith consultation certificate (when Rule 12(j) applies)

Rule 12(j) requires a separate certificate complying with Rule 7.1(h) for a motion under Rule 12(b)(3), 12(b)(6), 12(c), or 12(f). Attach this certificate for any of those grounds; Rule 7.1(h) calls for an in-person or telephone consultation or attempt, not merely letter or email.

I certify that on [date], I [conferred or attempted to confer] [in person/by telephone] with [name and role] about [specific issue and possible resolution]. The outcome was [details].
[Signature and date]

Certificate of service

I certify that on [date], I served this motion and [list attachments] on [names and addresses] by [authorized method].
[Signature]

Conditional notice of hearing

Complete and serve this notice only if the Court has set a hearing or has directed the moving party to give notice.

Notice is given that the Court will hear Defendant's Motion to Dismiss on [court-set date] at [time], [courtroom or remote-access instructions], before [judge].
[Signature and date]

Proposed order for the Court's consideration

Prepare as a separate document if the Court's filing instructions require it. Tailor relief to the grounds actually presented and decided.

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, COUNTY OF [COUNTY]
[PLAINTIFF] v. [DEFENDANT] — Case No. [NUMBER]

ORDER ON DEFENDANT'S MOTION TO DISMISS

Having considered the motion, response, reply, and record, the Court orders:

1. The motion is ☐ granted ☐ denied ☐ granted in part as to [claims/parties].
2. [If granted: identify the Rule 12 ground, claims affected, and whether dismissal is with or without prejudice.] [If venue transfer is ordered: identify the receiving county.]
3. [Any other specific relief, including costs or fees only if supported and determined under the applicable procedure.]

Dated: [DATE]
Judge of the Superior Court: [SIGNATURE]

Filing checklist

• Confirm the actual response deadline and any case-specific order. Filing and serving a Rule 12 motion changes the responsive-pleading period as Rule 12(a)(2) provides; if the motion is denied or deferred, the default period is 10 days after notice of the action unless the Court sets another time.
• Check Rule 12(g)-(h) before omitting a defense from the first Rule 12 motion. Defenses under Rule 12(b)(2)-(5) can be waived in the circumstances Rule 12(h)(1) states.
• Apply Rule 7.1(a): the motion and supporting memorandum generally have a 17-page limit; a response is generally due 10 days after service and a reply 5 days after the response, with 17- and 11-page limits respectively, unless another rule or court order provides otherwise. Rule 6(a)(2) excludes intermediate weekends and legal holidays for a period shorter than 11 days.
• Check the court's directions before supplying a hearing notice or proposed order.