Motion to Dismiss

SUPERIOR COURT

JUDICIAL DISTRICT OF [________________________________]

AT [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Docket No.: [________________________________]

DEFENDANT'S MOTION TO DISMISS

IMPORTANT CONNECTICUT-SPECIFIC NOTE: Connecticut civil procedure uses both a Motion to Dismiss and a Motion to Strike, which serve different functions. The Motion to Dismiss (Conn. P.B. § 10-30) is used to challenge jurisdiction (subject matter jurisdiction, personal jurisdiction, and sufficiency of process/service) — not the legal sufficiency of the pleading. To challenge the legal sufficiency of the complaint (equivalent to a federal Rule 12(b)(6) motion), a defendant files a Motion to Strike under Conn. P.B. § 10-39. Both are addressed in this template.

PART ONE: MOTION TO DISMISS

MOTION TO DISMISS

Pursuant to Connecticut Practice Book § 10-30, Defendant [________________________________] ("Defendant") hereby moves to dismiss the Complaint of Plaintiff [________________________________] ("Plaintiff") on the following grounds:

GROUNDS FOR MOTION TO DISMISS

(Pursuant to Conn. P.B. § 10-30)

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

☐ Ground 1 – Lack of Jurisdiction Over Subject Matter [P.B. § 10-30(a)(1)]
This Court lacks jurisdiction over the subject matter of the action because [________________________________].

☐ Ground 2 – Lack of Jurisdiction Over Person [P.B. § 10-30(a)(2)]
This Court lacks jurisdiction over the person of Defendant because [________________________________]. Defendant is a non-resident/foreign entity without sufficient contacts with Connecticut to satisfy due process requirements.

☐ Ground 3 – Improper Venue [P.B. § 10-30(a)(3)]
Venue is improper in the Judicial District of [________________________________] because [________________________________]. Venue is properly laid in the Judicial District of [________________________________] pursuant to C.G.S. § [________________________________].

☐ Ground 4 – Insufficiency of Process [P.B. § 10-30(a)(4)]
The process served upon Defendant is insufficient because [________________________________].

☐ Ground 5 – Insufficiency of Service of Process [P.B. § 10-30(a)(5)]
Service of process upon Defendant was insufficient because [________________________________].

☐ Ground 6 – Other Grounds [P.B. § 10-30(a)(6)]
[________________________________].

IMPORTANT NOTE REGARDING WAIVER: Under Conn. P.B. § 10-32, a defendant waives the right to contest personal jurisdiction, venue, and sufficiency of process/service by failing to raise them in a Motion to Dismiss filed within 30 days of filing an appearance. Subject matter jurisdiction may be raised at any time and cannot be waived. P.B. § 10-33.

PART TWO: ALTERNATIVE MOTION TO STRIKE

MOTION TO STRIKE

(Conn. P.B. § 10-39 — equivalent to Rule 12(b)(6) motion to dismiss for failure to state a claim)

Note: The Motion to Strike under Connecticut Practice Book § 10-39 is the mechanism for challenging the legal sufficiency of a pleading — including whether the complaint states legally sufficient claims. It is the Connecticut equivalent of a federal Rule 12(b)(6) motion to dismiss for failure to state a claim. This section should be filed together with or in lieu of Part One if the basis for challenge is legal sufficiency, not jurisdiction.

Pursuant to Connecticut Practice Book § 10-39, Defendant [________________________________] hereby moves to strike the following portions of Plaintiff's Complaint on the grounds that they are legally insufficient:

☐ The entire Complaint, on the ground that it fails to state a legally sufficient cause of action against Defendant.

☐ Counts [____] through [____] of the Complaint, on the grounds stated below.

☐ Specific allegations in the Complaint, including: [________________________________].

GROUNDS FOR MOTION TO STRIKE

Count [____]: [Name of Claim]

☐ This count is legally insufficient because [________________________________].
☐ This count is legally insufficient in that it fails to state a claim upon which relief can be granted because Plaintiff has not alleged [________________________________].
☐ This count is legally insufficient because it is based upon a theory of liability that is not recognized under Connecticut law: [________________________________].

Count [____]: [Name of Claim]

☐ This count is legally insufficient because [________________________________].

[Special Defense / Request for Relief / Other Pleading to be Stricken]:

☐ The request for [________________________________] is legally insufficient because [________________________________].

PROCEDURAL BACKGROUND

1. On or about [__/__/____], Plaintiff commenced this action by service of process upon Defendant in the Judicial District of [________________________________].

2. The Complaint was filed with the Court on [__/__/____].

3. Defendant filed its Appearance on [__/__/____].

4. Under Conn. P.B. § 10-30, a Motion to Dismiss must be filed within 30 days of filing an appearance, or the defenses of lack of personal jurisdiction, improper venue, and insufficiency of process/service are waived.

5. This Motion is timely filed on [__/__/____], within 30 days of Defendant's Appearance filed on [__/__/____].

6. Under Conn. P.B. § 10-6, the response periods in Connecticut civil litigation are governed by the Practice Book. The defendant must respond to the complaint within the time set by statute or Practice Book rule. A Motion to Dismiss or Motion to Strike is a proper first response.

7. [Additional relevant procedural history:]
   [________________________________]

MEMORANDUM OF LAW

I. INTRODUCTION

[Provide a concise statement of the basis for this Motion.]

[________________________________]
[________________________________]

II. LEGAL STANDARD

A. Motion to Dismiss — Jurisdictional Defects (Conn. P.B. § 10-30)

A motion to dismiss in Connecticut is the proper vehicle to assert (1) lack of subject matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process. Fraiszyn v. Browning, 276 Conn. 198, 202 (2005).

Subject Matter Jurisdiction: A challenge to subject matter jurisdiction implicates the court's fundamental authority to hear a case and may be raised at any time, even on appeal. Electrical Contractors, Inc. v. Dep't of Education, 303 Conn. 402, 413 (2012). When subject matter jurisdiction is challenged, the court may consider evidence outside the pleadings to resolve the jurisdictional issue.

Personal Jurisdiction: When personal jurisdiction is challenged, the plaintiff bears the burden of demonstrating sufficient facts to establish that the court has jurisdiction over the defendant. Connecticut's long-arm statute, C.G.S. § 52-59b, authorizes jurisdiction over non-residents who transact business in Connecticut, commit tortious acts in Connecticut, or maintain certain other contacts with the state. Thomason v. Chemical Bank, 234 Conn. 281, 286 (1995).

Oral Argument: Under Conn. P.B. § 10-31, oral argument on a Motion to Dismiss is a matter of right and must be scheduled automatically. It need not be separately requested.

B. Motion to Strike — Legal Insufficiency (Conn. P.B. § 10-39)

A motion to strike tests the legal sufficiency of a pleading. Larobina v. McDonald, 274 Conn. 394, 400 (2005). The court admits all well-pleaded facts and draws all reasonable inferences in the pleader's favor. Faulkner v. United Technologies Corp., 240 Conn. 576, 580 (1997).

Connecticut follows a notice pleading standard under Conn. P.B. § 10-1, which requires only "a plain and concise statement of the material facts upon which the pleader relies." However, "legal conclusions" are not deemed admitted by a motion to strike — only well-pleaded facts. Mingachos v. CBS, Inc., 196 Conn. 91, 108 (1985).

Unlike a federal Rule 12(b)(6) motion, a Motion to Strike in Connecticut attacks the legal sufficiency of the pleading, not whether the claim is plausible. The relevant question is whether the plaintiff has alleged legally cognizable claims — not the probability or plausibility of ultimate success. Doe v. Yale University, 252 Conn. 641, 665 (2000).

A motion to strike is filed after a motion to dismiss has been decided (or if there are no jurisdictional grounds to raise). Under Conn. P.B. § 10-6, the sequencing of pleadings matters: a defendant who files a motion to dismiss does not waive the right to file a motion to strike after the motion to dismiss is decided.

III. ARGUMENT

A. [SUBJECT MATTER JURISDICTION — complete if applicable]

This Court lacks subject matter jurisdiction because [________________________________].

The Superior Court has broad jurisdiction under C.G.S. § 51-164s, but that jurisdiction is subject to constitutional and statutory limitations. Specifically, [________________________________].

[Cite and apply applicable limiting statute or constitutional provision.] [Case citation].

Because this Court lacks the fundamental authority to hear this matter, the Motion to Dismiss must be granted on this ground, and the case dismissed pursuant to Conn. P.B. § 10-30(a)(1). This ground for dismissal may be raised at any time and cannot be waived.

B. [PERSONAL JURISDICTION — complete if applicable]

This Court lacks personal jurisdiction over Defendant under Connecticut's long-arm statute, C.G.S. § 52-59b, because Defendant lacks sufficient minimum contacts with Connecticut.

Defendant is [a non-resident individual / a corporation incorporated in / an entity organized under the laws of] [________________________________] with its principal place of business in [________________________________].

Under C.G.S. § 52-59b, a non-resident is subject to personal jurisdiction in Connecticut only if the non-resident:

• Transacts any business within the state;
• Commits a tortious act within the state (except as to a cause of action for defamation);
• Commits a tortious act outside the state causing injury to a person or property within the state if the tortfeasor regularly does or solicits business in Connecticut, derives substantial revenue from goods used in Connecticut, or expects the act to have consequences in Connecticut and derives substantial revenue from interstate commerce;
• Owns, uses, or possesses any real property situated within the state; or
• Uses a computer or computer network located in Connecticut.

None of these bases applies here:

1. Defendant does not transact business in Connecticut.
2. The acts giving rise to Plaintiff's claims occurred in [________________________________], not Connecticut.
3. Defendant does not own property in Connecticut.

Because neither specific nor general personal jurisdiction exists, the Motion to Dismiss must be granted under Conn. P.B. § 10-30(a)(2). International Shoe Co. v. Washington, 326 U.S. 310 (1945).

C. [IMPROPER VENUE — complete if applicable]

Venue is improper in the Judicial District of [________________________________]. Under C.G.S. § 51-347 or § [________________________________], venue for this type of action is proper in the Judicial District of [________________________________] because [________________________________].

This action should be dismissed or transferred pursuant to Conn. P.B. § 10-30(a)(3).

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

Plaintiff failed to comply with Connecticut's service of process requirements under C.G.S. §§ 52-57 to 52-59. The deficiencies include:

☐ The writ of summons did not comply with C.G.S. § 52-45a in that [________________________________].

☐ Service was not made on a proper person. Under C.G.S. § 52-57(a), individual defendants must be served by in-hand or abode service. Plaintiff attempted service by [________________________________], which does not satisfy the statutory requirements because [________________________________].

☐ Service on a corporation/LLC/entity was not made in compliance with C.G.S. § 52-57(c) because [________________________________].

☐ Service was not completed within the required time period because [________________________________].

☐ Other: [________________________________].

Because proper service of process is a prerequisite to the Court's personal jurisdiction over Defendant, the Motion to Dismiss must be granted pursuant to Conn. P.B. § 10-30(a)(4) and/or (5).

E. [MOTION TO STRIKE — LEGAL INSUFFICIENCY — complete if applicable]

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

Connecticut requires that each count of a complaint allege the essential elements of the claim. Faulkner, 240 Conn. at 580. To state a claim for [cause of action] under Connecticut law, a plaintiff must plead: (1) [element]; (2) [element]; (3) [element]; and (4) [element]. [Citation], [____] Conn. [____] ([____]).

Plaintiff's Count [____] fails to allege legally sufficient facts because:

1. [Element missing or insufficiently pleaded]: Plaintiff alleges that "[quote from complaint]." This allegation is a legal conclusion, not a well-pleaded fact. Mingachos, 196 Conn. at 108. The Complaint contains no facts establishing [element].

2. [Missing element]: The Complaint fails to allege [________________________________], which is an essential element of [cause of action] under Connecticut law. [Citation].

3. [Theory not recognized]: The Complaint [appears to allege / relies upon] a theory of liability that is not recognized under Connecticut law because [________________________________]. [Citation].

[Repeat for each count challenged.]

F. [STATUTE OF LIMITATIONS — complete if applicable]

Plaintiff's claims are barred by the applicable statute of limitations under C.G.S. § [________________________________], which provides a [____]-year limitations period for [type of claim].

The face of the Complaint reveals that the cause of action accrued on [__/__/____] when [describe accrual event]. [Cite Connecticut accrual case]. The limitations period expired on [__/__/____]. Plaintiff did not commence this action until [__/__/____].

A motion to strike is appropriate where the complaint's allegations demonstrate on their face that the claim is time-barred. Burnham v. Karl & Gelb, P.C., 252 Conn. 153, 158 (2000).

IV. CONCLUSION

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

1. ☐ Grant the Motion to Dismiss based on lack of jurisdiction, improper venue, and/or insufficiency of process/service, and dismiss Plaintiff's Complaint;

2. ☐ Grant the Motion to Strike and strike the legally insufficient counts/claims from Plaintiff's Complaint;

3. ☐ Grant both motions as applicable;

4. Award Defendant its costs; and

5. Grant such other and further relief as this Court deems appropriate.

ORAL ARGUMENT

Oral argument on a Motion to Dismiss is a matter of right under Conn. P.B. § 10-31. No separate request is required; the court will automatically schedule oral argument.

Estimated argument time: [____] minutes per side.

PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] prays for an Order granting this Motion to Dismiss and/or Motion to Strike, dismissing Plaintiff's Complaint, and awarding Defendant its costs and such other relief as this Court deems appropriate.

Respectfully submitted,

Dated: [__/__/____]

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

CERTIFICATION

I hereby certify that a copy of the above was [hand delivered / mailed] on [__/__/____] to all counsel and pro se parties of record, as follows:

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

☐ Electronic Service via Connecticut e-filing system (eFiling.jud.ct.gov) — system will notify registered parties electronically.

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

☐ Hand Delivery.

☐ Facsimile: ([____]) [____]-[____]

[________________________________]
[Commissioner of Superior Court / Attorney / Print Name]

FILING NOTES AND INSTRUCTIONS

Motion to Dismiss Deadline: A Motion to Dismiss challenging personal jurisdiction (P.B. § 10-30(a)(2)), improper venue (P.B. § 10-30(a)(3)), and insufficiency of process/service (P.B. § 10-30(a)(4)/(5)) must be filed within 30 days after filing an Appearance, or these defenses are waived. Conn. P.B. § 10-32.

Subject Matter Jurisdiction — Never Waived: A motion to dismiss for lack of subject matter jurisdiction (P.B. § 10-30(a)(1)) may be filed at any time — even after the case has been tried. Conn. P.B. § 10-33.

Oral Argument — Automatic Right: Unlike most states, Connecticut law makes oral argument on a Motion to Dismiss a matter of right under P.B. § 10-31. The court must schedule it automatically.

Opposition Deadline: The opposing party has 30 days from the filing of the Motion to Dismiss to file an Objection. Conn. P.B. § 10-31.

Motion to Strike (Legal Sufficiency): To challenge the legal sufficiency of the complaint (failure to state a cause of action), use a Motion to Strike under Conn. P.B. § 10-39, not a Motion to Dismiss. These are distinct procedural vehicles in Connecticut.

Sequencing of Pleadings: Under Conn. P.B. § 10-6, a defendant should file a Motion to Dismiss before a Motion to Strike, and a Motion to Strike before an Answer and Defenses. Motions must be filed in the proper sequence, or defenses may be waived.

E-Filing: Connecticut courts require e-filing through the Connecticut Judicial Branch e-filing portal at https://efile.jud.ct.gov/.

Page Limits: The Connecticut Practice Book does not set statewide page limits for memoranda of law. However, individual judges may impose limits. A memorandum in support of a Motion to Dismiss is expected to be reasonable in length. Check the court's standing orders.

Waiver of Defenses: Certain defenses are waived if not timely raised. See P.B. § 10-32. Strategic sequencing of pleadings is critical in Connecticut practice.

Sources and References:

• Official 2026 Connecticut Practice Book: https://www.jud.ct.gov/publications/PracticeBook/PB.pdf
• Connecticut Judicial Branch: https://www.jud.ct.gov/
• Connecticut e-filing: https://efile.jud.ct.gov/
• Connecticut General Statutes: https://www.cga.ct.gov/current/pub/titles.htm