IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

STATE OF IDAHO, COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]

DEFENDANT'S MOTION TO DISMISS

COMES NOW Defendant [________________________________] ("Defendant"), by and through undersigned counsel, and pursuant to Idaho Rule of Civil Procedure 12(b), moves this Court to dismiss Plaintiff's Complaint in its entirety, and in support thereof states as follows:

I. INTRODUCTION

Plaintiff [________________________________] ("Plaintiff") filed a Complaint against Defendant on or about [__/__/____], asserting claims for [________________________________]. For the reasons detailed below and in the accompanying Memorandum in Support, Plaintiff's Complaint is legally deficient and must be dismissed.

II. GROUNDS FOR DISMISSAL

Pursuant to I.R.C.P. 12(b), Defendant moves to dismiss on the following grounds (check all that apply):

☐ Ground 1: Lack of Subject Matter Jurisdiction (I.R.C.P. 12(b)(1))
This Court lacks subject matter jurisdiction over the claims alleged in the Complaint. [________________________________]. Idaho district courts are courts of general jurisdiction, but lack authority over [________________________________] claims because [________________________________].

☐ Ground 2: Lack of Personal Jurisdiction (I.R.C.P. 12(b)(2))
This Court lacks personal jurisdiction over Defendant. Defendant [is not an Idaho resident / does not have minimum contacts with Idaho sufficient to satisfy due process]. Idaho's long-arm statute, Idaho Code § 5-514, does not authorize jurisdiction over Defendant because [________________________________].

☐ Ground 3: Improper Venue (I.R.C.P. 12(b)(3))
Venue in [________________________________] County is improper. Idaho Code § 5-401 et seq. establishes proper venue in [________________________________] County because [________________________________].

☐ Ground 4: Insufficiency of Process (I.R.C.P. 12(b)(4))
The process served upon Defendant is insufficient because [________________________________], in violation of I.R.C.P. 4.

☐ Ground 5: Insufficiency of Service of Process (I.R.C.P. 12(b)(5))
Service of process was insufficient because [________________________________], in violation of I.R.C.P. 4 and Idaho Code § [________________________________].

☐ Ground 6: Failure to State a Claim Upon Which Relief Can Be Granted (I.R.C.P. 12(b)(6))
The Complaint fails to state a claim upon which relief can be granted. Even accepting all well-pleaded allegations as true, Plaintiff has not alleged facts sufficient to support any cognizable legal claim.

☐ Ground 7: Failure to Join an Indispensable Party (I.R.C.P. 12(b)(7))
Plaintiff has failed to join [________________________________], a party required under I.R.C.P. 19 whose absence prevents complete relief and/or whose interests may be impaired.

☐ Ground 8: Statute of Limitations
Plaintiff's claims are time-barred. The applicable limitations period is [____] year(s) under Idaho Code § [________________________________]. The cause of action accrued on [__/__/____], but this action was not commenced until [__/__/____], exceeding the limitations period by [____] days.

☐ Ground 9: Res Judicata / Collateral Estoppel
Plaintiff's claims are precluded by a prior final judgment in [________________________________], Case No. [________________________________], entered on [__/__/____].

☐ Ground 10: Failure to Comply with Idaho Tort Claims Act (Idaho Code § 6-905 et seq.)
Plaintiff failed to file a timely Notice of Tort Claim as required by the Idaho Tort Claims Act, Idaho Code § 6-905, within 180 days of the accrual of the claim. This failure is a jurisdictional bar to suit.

☐ Ground 11: Other — [________________________________]

III. PROCEDURAL REQUIREMENTS — IDAHO-SPECIFIC

A. Filing Deadline

Under I.R.C.P. 12(b), a motion asserting the defenses of lack of personal jurisdiction, improper venue, insufficiency of process, or insufficiency of service of process must be filed before pleading if a further pleading is permitted. The answer is due 21 days after service of the summons and complaint (I.R.C.P. 12(a)(1)).

Waiver Rule: Defenses of lack of personal jurisdiction (12(b)(2)), insufficiency of process (12(b)(4)), and insufficiency of service of process (12(b)(5)) are waived if not raised in a pre-answer motion or in the initial answer. I.R.C.P. 12(h)(1).

Effect on Answer Deadline: Filing this motion alters the deadline for the responsive pleading: if the court denies the motion, the answer is due 14 days after notice of the court's action. I.R.C.P. 12(a)(4).

B. Consolidation Requirement

All available Rule 12 defenses must be consolidated into a single motion. A party generally may not make successive Rule 12 motions. I.R.C.P. 12(g)(2).

C. Request for Hearing

☐ Defendant requests a hearing on this Motion.
☐ Defendant submits this Motion on the papers without oral argument.

If a hearing is requested, counsel must contact the court clerk to schedule: [________________________________] County District Court, [________________________________].

D. E-Filing — Idaho iCourt

All district court filings must be made via the iCourt electronic filing portal at https://mycourts.idaho.gov, pursuant to Idaho Rules of Electronic Filing and Service (IREFS). Attorney filing registration is required.

E. Memorandum Requirement

This motion is accompanied by a Memorandum in Support. Counsel should consult any applicable local rules for [________________________________] County for page limits and briefing schedules.

IV. MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

A. Legal Standard

1. I.R.C.P. 12(b)(6) — Failure to State a Claim

Idaho follows a notice pleading standard under I.R.C.P. 8(a). On a motion to dismiss under Rule 12(b)(6), "the question is whether the non-movant's claim is set out adequately enough that, under any state of facts which can be proved in support of the claim, the non-movant would be entitled to some relief." Losser v. Bradstreet, 145 Idaho 670, 672, 183 P.3d 758, 760 (2008).

The Court must:
1. Accept all well-pleaded facts as true;
2. View them in the light most favorable to the plaintiff;
3. Determine whether plaintiff would be entitled to relief under any provable state of facts.

A complaint will not be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts that would entitle relief. Swayne v. Idaho Falls Sch. Dist. No. 91, 167 Idaho 551, 473 P.3d 745 (2020).

However, Idaho courts will not accept "bare assertions" or "legal conclusions" as sufficient. Losser, 145 Idaho at 673. If the complaint's factual allegations directly contradict a defense that appears on the face of the pleading, dismissal is appropriate.

2. I.R.C.P. 12(b)(2) — Personal Jurisdiction

To exercise personal jurisdiction over a nonresident defendant, Idaho requires: (1) compliance with Idaho Code § 5-514 (long-arm statute), and (2) consistency with constitutional due process. Schneider v. Sverdsten Logging Co., 104 Idaho 210, 657 P.2d 1078 (1983). Idaho's long-arm statute is co-extensive with federal due process. The plaintiff bears the burden of establishing a prima facie case of personal jurisdiction. Houghland Farms, Inc. v. Johnson, 119 Idaho 72, 803 P.2d 978 (1990).

B. Argument

1. [Primary Ground — Failure to State a Claim]

[________________________________]

To state a claim for [________________________________] under Idaho law, a plaintiff must allege: [________________________________]. [Case Name], [________________________________] Idaho [____], [____] P.3d [____].

Plaintiff's Complaint alleges only that [________________________________]. The Complaint lacks factual allegations establishing [________________________________]. Without these facts, Plaintiff cannot state a cognizable claim.

Specifically:
- [________________________________]
- [________________________________]
- [________________________________]

Because Plaintiff cannot establish [________________________________], dismissal is required.

2. Statute of Limitations (if applicable)

[________________________________]

Plaintiff's claim for [________________________________] is governed by Idaho Code § [________________________________], which provides a [____]-year limitations period. The statute of limitations began running on [__/__/____] when [________________________________]. Plaintiff did not file this action until [__/__/____] — more than [____] years after the cause of action accrued. The claim is time-barred.

3. Idaho Tort Claims Act (if applicable)

[________________________________]

If the defendant is a governmental entity, Plaintiff was required to file a Notice of Tort Claim within 180 days of the date the claim arose under Idaho Code § 6-905. The claim arose on [__/__/____]. Plaintiff failed to file a timely notice. Accordingly, this Court lacks jurisdiction and the Complaint must be dismissed. Czaplicki v. Gooding Joint Sch. Dist., 116 Idaho 326, 775 P.2d 640 (1989).

C. Leave to Amend

☐ The defects are incurable; leave to amend would be futile and should be denied.
☐ Defendant does not object to an opportunity to amend, provided the amendment is consistent with this Court's ruling.

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 costs, disbursements, and attorneys' fees pursuant to Idaho Code § 12-120, § 12-121, or I.R.C.P. 54(e), if appropriate;
4. DENY leave to amend [if applicable]; and
5. GRANT such other and further relief as this Court deems just and proper.

Respectfully submitted,

DATED this [____] day of [________________________________], [____].

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

Attorney for Defendant [________________________________]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the [____] day of [________________________________], [____], I filed the foregoing electronically through the iCourt Portal, which caused the following parties or counsel to be served by electronic means, as more fully reflected on the Notice of Electronic Filing:

[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________], Idaho [____]
Email: [________________________________]

☐ U.S. Mail, Postage Prepaid
☐ Hand Delivery
☐ Facsimile: ([____]) [____]-[________________________________]
☐ Email (with consent): [________________________________]
☐ iCourt Electronic Service

[________________________________]
Idaho Bar No.: [________________________________]

APPENDIX: IDAHO-SPECIFIC PROCEDURAL CHECKLIST

☐ Motion filed within 21-day answer deadline
☐ All Rule 12 defenses consolidated in single motion (I.R.C.P. 12(g)(2))
☐ Memorandum in Support attached
☐ Hearing requested or waived
☐ Filed via iCourt e-filing portal (mycourts.idaho.gov)
☐ Certificate of Service completed
☐ Waiver rules noted — personal jurisdiction/process defenses must be raised now or waived
☐ Answer deadline effect noted: 14 days after denial of this motion
☐ Idaho Tort Claims Act compliance checked if government defendant
☐ Idaho Code § 12-120 / § 12-121 (fee-shifting) considered
☐ Local rules for applicable judicial district reviewed

Sources and References:
- I.R.C.P. 12: https://isc.idaho.gov/ircp12-new
- Idaho Rules of Civil Procedure: https://isc.idaho.gov/ircp-new
- Idaho iCourt E-Filing: https://mycourts.idaho.gov
- Idaho Code: https://legislature.idaho.gov/statutesrules/idstat/