Motion to Dismiss - District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

[Plaintiff], Plaintiff
v.
[Defendant], Defendant

Civil Action No. [________]
Calendar/Judge: [________]
Next court date, if set: [________]

DEFENDANT'S MOTION TO DISMISS AND MEMORANDUM OF POINTS AND AUTHORITIES

Defendant [________] moves under D.C. Super. Ct. Civ. R. 12(b)([applicable subsection]) to dismiss [identify claims or pleading]. The particular grounds and requested disposition are stated below. This motion is made before Defendant serves a responsive pleading, if a responsive pleading is allowed. See Rule 12(b).

Grounds presented

Select only grounds supported by this case and explain each in the memorandum. D.C. Rule 12(b)(3) is omitted; do not use it as an improper-venue ground.

☐ Rule 12(b)(1): lack of subject-matter jurisdiction — [facts and authority].
☐ Rule 12(b)(2): lack of personal jurisdiction — [facts and authority].
☐ Rule 12(b)(4): insufficient process — [defect and authority].
☐ Rule 12(b)(5): insufficient service of process — [defect and authority].
☐ Rule 12(b)(6): failure to state a claim upon which relief can be granted — [claim and missing legal element].
☐ Rule 12(b)(7): failure to join a party under Rule 19 — [party and reason joinder is required].

Relevant record and timing

1. Plaintiff filed [identify complaint] on [date].
2. Defendant received [identify process and method] on [date].
3. The responsive pleading is due [date and basis]; this motion is served on [date]. The ordinary answer period is 21 days after service of the summons and complaint, unless Rule 12 or an applicable statute specifies another time. See Rule 12(a)(1)(A).
4. The scheduling order sets [motion deadline and existing dates, if any]. See Rule 12-I(n).

Memorandum

Background

[Identify the challenged claims, the facts relevant to each selected defense, and record citations. Do not assume disputed facts are established.]

Argument

Ground [Rule 12(b)(__)] — [heading]. [State the governing legal test with current authority, identify the challenged allegations or process, apply the test, and explain the requested disposition. Repeat for each selected ground.]

Outside-pleading material, if applicable. If material outside the pleadings is presented on a Rule 12(b)(6) motion and the court does not exclude it, Rule 12(d) requires treating the motion as one for summary judgment under Rule 56 and giving all parties a reasonable opportunity to present pertinent material. [Explain whether any attached material raises this issue.]

Relief requested

Defendant requests that the Court [dismiss specified claims or the action] [with / without] prejudice, as supported by the selected ground and case-specific authority; [state any alternative relief]. Defendant also requests that the Court enter the accompanying proposed order. Do not request fees without a separately identified legal basis.

[Oral Hearing Requested] [Use this endorsement immediately above the signature only if oral argument is requested. Rule 12-I(h) leaves the decision to hold a hearing to the Court.]

Dated: [________]

Respectfully submitted,

[Signature]
[Attorney name and D.C. Bar number, or unrepresented party]
[Address]
[Telephone]
[Email]
Counsel for Defendant [________]

Certificate of service

I certify that on [date] I served this motion, memorandum, and accompanying proposed order on [each other party or counsel] by [method and address].

[Signature]

Accompanying proposed order — file with motion

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA — CIVIL DIVISION
[Plaintiff] v. [Defendant], Civil Action No. [________]

PROPOSED ORDER ON DEFENDANT'S MOTION TO DISMISS

Upon consideration of Defendant's Motion to Dismiss, any opposition and reply, and the record, it is ORDERED that the Motion is [granted / granted in part / denied]. [Identify each affected claim and party and state whether any dismissal is with or without prejudice only as the Court determines.] [State any responsive pleading deadline or other direction the Court orders.]

Existing scheduling-order dates: [list all existing dates or state none]. Dates affected by this order: [identify each or state none].

Dated: [________]
____________________________
Judge

Copies to (include every recipient and the address of anyone who cannot be served electronically): [________]. See Rule 12-I(f).

Supplemental hearing notice — use only after the Court sets a hearing and directs notice

To: [all recipients]
The Court has set Defendant's Motion to Dismiss for hearing on [court-set date] at [court-set time], [location or remote instructions], before [judge]. This notice communicates the Court's setting; it does not set a hearing. See Rule 12-I(h).

Served on [date] by [method] on [recipients and addresses].
[Signature]

Filing checks

• Rule 12-I(e) gives an opposing party 14 days after service to file and serve an opposition unless the Court directs another time; Rule 12-I(g) allows a reply within 7 calendar days after service of an opposition.
• Rule 12-I(f) requires this motion to include a proposed order listing all copy recipients, addresses for recipients who cannot be served electronically, existing scheduling dates, and dates affected by the motion.
• Rule 12-I(a)(1)'s prefiling discussion requirement applies to nondispositive motions; the 2022 comment explains that it does not apply to a motion to dismiss.
• Rule 12(a)(4) changes the responsive-pleading deadline after a Rule 12 motion unless the Court sets another time. Check the Court's action before calculating the new date.
• Rule 12(h)(1) can waive Rule 12(b)(2), (4), and (5) defenses if omitted from the first Rule 12 motion or the responsive pleading under the conditions stated there.