Motion to Dismiss - Delaware
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [____________] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
C.A. No.: [____________]
DEFENDANT'S MOTION TO DISMISS [IDENTIFY CLAIM OR COMPLAINT]
NOTICE OF MOTION: Defendant [NAME] will present this motion [AS DIRECTED BY THE ASSIGNED JUDGE / ON THE APPLICABLE UNASSIGNED-CASE MOTION DAY UNDER RULE 78(a)]. The hearing date, time, and location, if the Court sets one, are [DATE, TIME, AND LOCATION / TO BE SET BY THE COURT]. Oral argument is requested only if the Court schedules it or another applicable law or rule provides it. This notice and motion are served on [OPPOSING COUNSEL OR UNREPRESENTED PARTY] by the method recorded in the certificate below.
Defendant moves under Del. Super. Ct. Civ. R. 12(b)([SELECT GROUND]) to dismiss [IDENTIFY COUNT, CLAIM, OR COMPLAINT] of Plaintiff's [COMPLAINT / AMENDED COMPLAINT]. Defendant relies on the grounds and record identified below.
I. CLAIM AND PLEADING AT ISSUE
- Plaintiff asserts [IDENTIFY CAUSE OF ACTION] in Count [____] of the Complaint.
- The pleaded facts on that claim are [ACCURATELY SUMMARIZE THE RELEVANT ALLEGATIONS AND CITE COMPLAINT PARAGRAPHS].
- Defendant seeks dismissal of [THE ENTIRE CLAIM / SPECIFIED PART] because [STATE THE PRECISE DEFICIENCY]. The Rule 12(b) ground is [SELECT: (1) subject-matter jurisdiction / (2) personal jurisdiction / (3) venue / (4) process / (5) service of process / (6) failure to state a claim / (7) failure to join a Rule 19 party].
II. GOVERNING RULE AND LAW
- Rule 12(b) permits the selected defense to be raised by motion before pleading if a further pleading is permitted. Defendant invokes [EXACT SUBSECTION] because [APPLY IT TO THE FACTS AND PROCEDURAL RECORD].
- [STATE THE ELEMENTS OR PROCEDURAL STANDARD FOR THIS SELECTED GROUND AND CITE CURRENT CONTROLLING AUTHORITY. FOR RULE 12(b)(6), IDENTIFY THE CLAIM ELEMENTS AND PLEADED FACTS; FOR OTHER GROUNDS, IDENTIFY THE APPLICABLE JURISDICTION, VENUE, PROCESS, SERVICE, OR RULE 19 AUTHORITY.]
- [IDENTIFY ANY AVAILABLE OTHER RULE 12 DEFENSE JOINED HERE, OR STATE THAT NONE IS JOINED AFTER REVIEW OF RULES 12(g) AND (h).]
III. ARGUMENT
- The Complaint alleges [QUOTE OR ACCURATELY SUMMARIZE SPECIFIC PARAGRAPHS].
- Those allegations or the identified procedural record do not establish [IDENTIFY MISSING ELEMENT OR LEGAL DEFECT] because [APPLY THE CITED AUTHORITY TO THE ACTUAL FACTS].
- [ADDRESS ANY PLEADED FACT THAT COULD SUPPORT THE CLAIM, AND EXPLAIN WHY THE MOTION STILL SUCCEEDS.]
- [IF A SECOND CLAIM IS CHALLENGED, ADD ITS ELEMENTS, PLEADED FACTS, AND ANALYSIS SEPARATELY.]
IV. RELIEF REQUESTED
Defendant asks the Court to dismiss [IDENTIFY EXACT COUNT OR CLAIM] [WITHOUT PREJUDICE / WITH PREJUDICE ONLY IF SUPPORTED BY THE SELECTED GROUND AND CURRENT AUTHORITY] for the reasons stated above. [STATE A GROUNDED BASIS FOR ANY REQUEST THAT DISMISSAL BE WITH PREJUDICE.] Defendant requests [ANY OTHER SPECIFIC RELIEF SUPPORTED BY LAW].
Date: [__/__/____]
Respectfully submitted,
Signature: ___________________________
[ATTORNEY NAME], Delaware Bar No. [______] / [SELF-REPRESENTED DEFENDANT NAME]
[FIRM, ADDRESS, TELEPHONE, EMAIL]
[ATTORNEY FOR DEFENDANT / SELF-REPRESENTED DEFENDANT]
CERTIFICATE OF SERVICE
I certify that on [DATE], I served this Motion on [COUNSEL OR PARTY NAMES] by [ACTUAL METHOD] at [SERVICE DESTINATIONS], in accordance with Del. Super. Ct. Civ. R. 5(b), (f).
Signature: ___________________________
[ATTORNEY OR SELF-REPRESENTED PARTY NAME]
PROPOSED ORDER
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [____________] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
C.A. No.: [____________]
ORDER
Upon consideration of Defendant's Motion to Dismiss, Plaintiff's response, and the record, IT IS ORDERED:
- The Motion is [GRANTED / GRANTED IN PART] on the selected Rule 12(b) ground as to [IDENTIFY EXACT COUNT OR CLAIM].
- That claim is dismissed [WITHOUT PREJUDICE / WITH PREJUDICE ONLY IF THE COURT FINDS AN APPLICABLE BASIS]. [STATE THE EFFECT ON REMAINING CLAIMS AND ANY AMENDMENT DEADLINE, IF ORDERED.]
SO ORDERED this ____ day of ______________, 20____.
___________________________________
Judge of the Superior Court
SOURCES AND REFERENCES
- Delaware Superior Court Civil Rules, 2026 edition: Rules 5, 7(b), 11(a), 12(b), (g), (h), and 78(a)-(d).
- Delaware Code, 10 Del. C. § 541: the section says Superior Court has jurisdiction conferred by the Constitution and laws of Delaware.
About this template
- Last updated
- October 23, 2026
- Citations checked
- October 23, 2026
- Jurisdiction
- Delaware
- Category
- Litigation & Court Documents
Legal authority
- Del. Super. Ct. Civ. R. 12(b), (g), (h) (Defenses, Consolidation, and Waiver)
- Del. Super. Ct. Civ. R. 7(b), 5(b), (f), 11(a), 78(a)-(d) (Motion, Service, Signature, and Scheduling)
- 10 Del. C. § 541 (Superior Court Jurisdiction Generally)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 23, 2026.
10 Del. C. § 541 (checked October 23, 2026): "The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it."
Del. Super. Ct. Civ. R. 12(b) (checked October 23, 2026): "Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) Lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19."
Del. Super. Ct. Civ. R. 12(g) (checked October 23, 2026): "A party who makes a motion under this Rule may join with it any other motions herein provided for and then available to the party."
Del. Super. Ct. Civ. R. 12(h)(1) (checked October 23, 2026): "A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived (A) if omitted from a motion in the circumstances described in subdivision (g), or (B) if it is neither made by motion under this Rule nor included in a responsive pleading or an amendment thereof permitted by Rule 15(a) to be made as a matter of course."
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