Motion to Dismiss - Georgia

IN THE [________________________________] COURT OF [________________________________] COUNTY

STATE OF GEORGIA

Civil Action File No.: [________________________________]

DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT

COMES NOW [________________________________] ("Defendant"), by and through undersigned counsel, and pursuant to O.C.G.A. § 9-11-12, respectfully moves this Court to dismiss Plaintiff's Complaint, and in support thereof states as follows:

I. INTRODUCTION

Plaintiff [________________________________] filed a Complaint against Defendant on or about [__/__/____], asserting claims for [________________________________]. As set forth in detail in the accompanying Memorandum of Law, Plaintiff's Complaint is legally deficient and should be dismissed in its entirety.

II. GROUNDS FOR DISMISSAL

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

☐ Ground 1: Lack of Subject Matter Jurisdiction — This Court lacks subject matter jurisdiction over the claims alleged in the Complaint. O.C.G.A. § 9-11-12(b)(1).

☐ Ground 2: Lack of Personal Jurisdiction — This Court lacks personal jurisdiction over Defendant. O.C.G.A. § 9-11-12(b)(2). Defendant is not a resident of Georgia, has not consented to jurisdiction, and does not have sufficient minimum contacts with the State of Georgia to support the exercise of personal jurisdiction consistent with due process.

☐ Ground 3: Improper Venue — Venue in [________________________________] County is improper. O.C.G.A. § 9-11-12(b)(3). Under Ga. Const. Art. VI, § II, Para. VI, civil actions generally must be tried in the county where the defendant resides; O.C.G.A. §§ 9-10-30 et seq. (venue) supplies additional statutory venue rules, and O.C.G.A. § 9-10-93 governs venue only for nonresident defendants sued under the Long-Arm Statute. Venue is proper in [________________________________] County, not in this Court.

☐ Ground 4: Insufficiency of Process — The process issued in this action is insufficient. O.C.G.A. § 9-11-12(b)(4). The summons fails to comply with the requirements of O.C.G.A. § 9-11-4 in the following manner: [________________________________].

☐ Ground 5: Insufficiency of Service of Process — Service of process upon Defendant was insufficient. O.C.G.A. § 9-11-12(b)(5). Plaintiff failed to comply with the service requirements of O.C.G.A. § 9-11-4 (and, if service by publication on a nonresident with a property interest is at issue, O.C.G.A. § 9-10-71) in the following manner: [________________________________].

☐ Ground 6: Failure to State a Claim Upon Which Relief Can Be Granted — The Complaint fails to state a claim upon which relief can be granted. O.C.G.A. § 9-11-12(b)(6). Even accepting all well-pleaded facts as true, Plaintiff has not alleged sufficient facts to support any cognizable legal claim against Defendant.

☐ Ground 7: Failure to Join an Indispensable Party — Plaintiff has failed to join a party indispensable under O.C.G.A. § 9-11-19. O.C.G.A. § 9-11-12(b)(7). The party whose joinder is required is [________________________________].

☐ Ground 8: Statute of Limitations — Plaintiff's claims are barred by the applicable statute of limitations. The applicable limitations period for the claim(s) asserted is [____] year(s) under O.C.G.A. § [________________________________]. Plaintiff's cause of action accrued on or about [__/__/____], but this action was not commenced until [__/__/____], which is beyond the limitations period.

☐ Ground 9: Res Judicata / Collateral Estoppel — Plaintiff's claims are barred by the doctrine of res judicata and/or collateral estoppel based on a prior judgment in Case No. [________________________________], [________________________________] Court, entered on [__/__/____].

☐ Ground 10: Release / Settlement — Plaintiff's claims are barred because Plaintiff previously released and/or settled all claims against Defendant pursuant to an agreement dated [__/__/____].

☐ Ground 11: Failure to Satisfy Conditions Precedent — Plaintiff failed to comply with conditions precedent to suit, including [________________________________].

☐ Ground 12: Other — [________________________________]

III. PROCEDURAL NOTES — GEORGIA-SPECIFIC REQUIREMENTS

A. Filing Deadline

Pursuant to O.C.G.A. § 9-11-12(b), a motion asserting certain defenses (lack of personal jurisdiction, improper venue, insufficiency of process, or insufficiency of service of process) must be made before pleading if a further pleading is permitted. Failure to include these defenses in a pre-answer motion or in the answer results in waiver.

A defense of failure to state a claim may be raised in any pleading, by a motion for judgment on the pleadings, or at trial on the merits.

B. Automatic Discovery Stay

IMPORTANT: Under the 2025 tort-reform amendments to O.C.G.A. § 9-11-12 (2025 Ga. Laws, SB 68, eff. April 22, 2025), if Defendant files this Motion before filing an answer, discovery is automatically stayed under O.C.G.A. § 9-11-12(j) until the Court rules on the Motion — the stay is not a flat 90-day period; it terminates immediately, as to Defendant, if Defendant files an answer before the Court rules. The Court must decide the Motion within 90 days following the conclusion of briefing, and all discovery deadlines are extended for the duration of the stay. Limited discovery needed to identify or join proper parties, or to establish jurisdiction, remains available under O.C.G.A. § 9-11-12(j)(4) notwithstanding the stay.

C. Brief Requirement

Local rules and Uniform Superior Court Rules may require a brief in support. This motion is accompanied by a Memorandum of Law filed herewith. Counsel should verify page/word limits applicable in the specific Superior Court where this action is pending.

D. Hearing Request

☐ Defendant requests oral argument on this Motion.
☐ Defendant waives oral argument and relies on the briefs.

Estimated time needed for argument: [____] minutes.

IV. MEMORANDUM OF LAW

A. Legal Standard

Georgia follows a notice pleading standard under O.C.G.A. § 9-11-8, which requires a "short and plain statement of the claim showing that the pleader is entitled to relief." However, a complaint must nonetheless allege facts sufficient to establish each element of the claims asserted.

On a motion to dismiss under O.C.G.A. § 9-11-12(b)(6), the Court must:

1. Accept all well-pleaded facts in the Complaint as true;
2. Construe the Complaint in the light most favorable to Plaintiff; and
3. Determine whether the Plaintiff would be entitled to relief under any state of facts that could be proven in support of the claims.

Anderson v. Flake, 267 Ga. 498, 480 S.E.2d 10 (1997). A motion to dismiss for failure to state a claim should be granted where "the allegations of the complaint disclose with certainty that the claimant would not be entitled to any relief under any state of facts which could be proven in support of the claim." Stendahl v. Cobb County, 284 Ga. 525, 668 S.E.2d 723 (2008).

B. Argument

1. [Ground — e.g., Failure to State a Claim]

[________________________________]

Plaintiff's Complaint fails to allege [________________________________]. Georgia law requires that a plaintiff plead [________________________________]. See O.C.G.A. § [________________________________]; [Case Name], [________________________________].

Without [________________________________], Plaintiff cannot establish an essential element of [________________________________] claim, and dismissal is warranted.

2. [Additional Ground — e.g., Lack of Personal Jurisdiction]

[________________________________]

Georgia's Long-Arm Statute, O.C.G.A. § 9-10-91, authorizes personal jurisdiction over nonresident defendants in a civil action such as this one when the defendant:

• Transacts any business within Georgia;
• Commits a tortious act or omission within Georgia (other than defamation);
• Commits a tortious injury in Georgia caused by an act or omission outside Georgia, if the defendant regularly does or solicits business, engages in a persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in Georgia; or
• Owns, uses, or possesses real property situated in Georgia.

(O.C.G.A. § 9-10-91 also authorizes jurisdiction in certain domestic-relations matters and to modify or enforce a prior Georgia support/custody order; those grounds are not applicable here.)

Defendant does not satisfy any of these criteria because [________________________________]. Furthermore, exercising personal jurisdiction over Defendant would violate the Due Process Clause of the Fourteenth Amendment. International Shoe Co. v. Washington, 326 U.S. 310 (1945); Diamond Crystal Brands, Inc. v. Food Movers Int'l, Inc., 593 F.3d 1249 (11th Cir. 2010).

3. [Statute of Limitations, if applicable]

[________________________________]

The applicable statute of limitations for [________________________________] claims in Georgia is [____] years under O.C.G.A. § [________________________________]. Plaintiff's claim accrued on [__/__/____] when [________________________________]. This action was not filed until [__/__/____], which is [____] days/months/years after the limitations period expired. Accordingly, Plaintiff's claims are time-barred and must be dismissed.

C. Leave to Amend

☐ Defendant respectfully submits that amendment would be futile and leave to amend should be denied.
☐ Defendant does not object to Plaintiff being afforded a reasonable opportunity to amend the Complaint.

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. GRANT Defendant's Motion to Dismiss;
2. DISMISS Plaintiff's Complaint [with / without] prejudice;
3. AWARD Defendant its reasonable attorneys' fees and costs pursuant to O.C.G.A. § 9-15-14 (if applicable);
4. STAY all discovery pending resolution of this Motion pursuant to O.C.G.A. § 9-11-12(j); and
5. GRANT such other and further relief as this Court deems just and proper.

VI. CERTIFICATION OF COMPLIANCE

Pursuant to the Uniform Superior Court Rules of Georgia, I hereby certify that this brief complies with the applicable page and font requirements.

Respectfully submitted,

This [____] day of [________________________________], [____].

[________________________________]
[________________________________]
Georgia Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Georgia [____]
Telephone: ([____]) [____]-[________________________________]
Facsimile: ([____]) [____]-[________________________________]
Email: [________________________________]

Attorney for Defendant [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [________________________________], [____], I served a true and correct copy of the foregoing Defendant's Motion to Dismiss Plaintiff's Complaint and accompanying Memorandum of Law upon all parties of record by:

☐ Electronic service via Georgia's Odyssey eFileGA e-filing system to:

• [________________________________] (email: [________________________________])

☐ United States Mail, First Class, postage prepaid, addressed to:

• [________________________________]
  [________________________________]
  [________________________________], Georgia [____]

☐ Hand delivery to:

• [________________________________]

☐ Statutory overnight delivery to:

• [________________________________]

[________________________________]
Georgia Bar No. [________________________________]

EXHIBIT LIST

APPENDIX: GEORGIA-SPECIFIC PROCEDURAL CHECKLIST

☐ Motion filed before answer (required for jurisdictional/venue defenses)
☐ Automatic discovery stay noted (stayed until the Court rules, per O.C.G.A. § 9-11-12(j); Court must decide within 90 days of conclusion of briefing)
☐ Brief/Memorandum of Law attached
☐ Complied with Uniform Superior Court Rules page/font requirements
☐ Filed via Odyssey eFileGA (mandatory e-filing in most Superior Courts)
☐ All grounds for dismissal included in single motion (consolidation rule)
☐ Certificate of Service completed
☐ Verified local rules for specific county requirements
☐ Considered whether O.C.G.A. § 9-15-14 attorneys' fees motion is warranted
☐ Noted court's 90-day deadline to rule under 2025 amendments

Sources and References:

• O.C.G.A. § 9-11-12 (including the 2025 discovery-stay amendments in subsection (j)): https://law.justia.com/codes/georgia/title-9/chapter-11/article-3/section-9-11-12/
• Georgia Civil Practice Act, Title 9: https://law.justia.com/codes/georgia/title-9/
• O.C.G.A. § 9-10-91 (Long-Arm Statute): https://law.justia.com/codes/georgia/title-9/chapter-10/article-4/section-9-10-91/
• Ga. Const. Art. VI, § II, Para. VI (Venue): https://codes.findlaw.com/ga/constitution-of-the-state-of-georgia/ga-const-art-6-sect-2-vi/
• Georgia Odyssey eFileGA: https://efiling.georgia.gov
• Uniform Superior Court Rules: https://georgiacourts.gov/courts/superior-court/