Motion to Dismiss - North Carolina
Defendant's Motion to Dismiss — North Carolina
State of North Carolina — [________________] County
In the General Court of Justice, [SUPERIOR/DISTRICT] Court Division
| Party | Role |
|---|---|
| [PLAINTIFF] | Plaintiff |
| v. | |
| [DEFENDANT] | Defendant |
File No.: [________________]
Notice of Motion and Hearing
To: [OPPOSING COUNSEL OR PARTY AND SERVICE ADDRESS]
Defendant will present the attached Motion to Dismiss to Judge [NAME] on [DATE] at [TIME] in [COURTROOM OR REMOTE HEARING DETAILS], subject to any court order or applicable scheduling procedure. Defendant [REQUESTS/DOES NOT REQUEST] determination before trial under Rule 12(d).
If this action is in superior court and a hearing is set, Rule 5(a1) requires service of a supporting memorandum at least two days before the hearing unless the parties alter that period by consent. Record the actual delivery method and date in the certificate below.
Date: [__/__/____] Signed: [________________]
Motion
Defendant [NAME] moves under N.C. Gen. Stat. § 1A-1, Rule 12(b), for the relief identified below. Plaintiff filed the [COMPLAINT/AMENDED COMPLAINT] on [DATE], and Defendant was served on [DATE]. The applicable response date is [DATE AND BASIS]. Rule 12(a)(1) ordinarily gives a defendant 30 days after service to answer; a Rule 12 motion alters the answer period as that rule provides. This motion is made before the responsive pleading, if one is permitted.
Select only supported grounds and give the specific facts and authority for each:
☐ Rule 12(b)(1), lack of subject-matter jurisdiction: [GROUND, AUTHORITY, RELIEF].
☐ Rule 12(b)(2), lack of personal jurisdiction: [FACTS, AUTHORITY, RELIEF].
☐ Rule 12(b)(3), improper venue or division: [IDENTIFY THE CLAIM TYPE, PARTIES' RESIDENCE AT COMMENCEMENT, APPLICABLE VENUE SECTION, PROPER COUNTY OR DIVISION, AND REQUESTED RELIEF]. Section 1-82, the general rule for other cases, includes the residence of a plaintiff or a defendant, subject to its terms and special venue provisions.
☐ Rule 12(b)(4), insufficiency of process: [SPECIFIC DEFECT AND REQUESTED RELIEF].
☐ Rule 12(b)(5), insufficiency of service of process: [SPECIFIC DEFECT AND REQUESTED RELIEF].
☐ Rule 12(b)(6), failure to state a claim: Count [NUMBER] fails because [IDENTIFY THE PLEADING DEFECT AND APPLY CONTROLLING LAW]. If outside material is presented and not excluded, Rule 12(b) requires treatment as a Rule 56 summary-judgment motion and a reasonable opportunity for the parties to present pertinent material.
☐ Rule 12(b)(7), failure to join a necessary party: [IDENTIFY PARTY, BASIS FOR NECESSITY, AND REQUESTED RELIEF].
Rule 12(g)-(h) addresses consolidation and waiver of available defenses, especially those under Rule 12(b)(2)-(5). Confirm all available grounds before filing.
Memorandum in Support
Procedural history. [STATE FILING AND SERVICE DATES, CHALLENGED PLEADING, RESPONSE DEADLINE, AND RELEVANT ORDERS.]
Facts and record. [IDENTIFY THE RELEVANT PLEADING PARAGRAPHS AND ANY MATERIAL PROPERLY CONSIDERED ON THE SELECTED GROUND.]
Argument. [FOR EACH SELECTED RULE 12(b) GROUND, STATE THE SPECIFIC LEGAL TEST FROM CURRENT AUTHORITY, APPLY THE FACTS, AND REQUEST A SPECIFIC RULING. IF RULE 12(b)(6) IS SELECTED, ADDRESS WHETHER ANY OUTSIDE MATERIAL MUST BE EXCLUDED OR THE MOTION CONVERTED.]
Relief. Defendant requests [DISMISSAL OF SPECIFIED COUNTS WITH/WITHOUT PREJUDICE / OTHER RELIEF SUPPORTED BY THE SELECTED GROUND]. If the Court rules on or postpones the motion, Rule 12(a)(1) governs the time for a responsive pleading unless the Court orders a different time.
Date: [__/__/____] Signed: [________________]
Name: [________________] Counsel for Defendant / Self-represented Defendant: [________________]
State Bar No. (if counsel): [________________] Address: [________________]
Telephone: [________________] Email: [________________]
Certificate of Service
I certify that on [DATE] at [TIME], I served this motion, memorandum, notice, and [LIST ATTACHMENTS] on [NAME OF EACH RECIPIENT] by [METHOD] at [SERVICE ADDRESS OR EMAIL]. For electronic service, identify the address of record or filed consent required for the method used: [DETAILS]. The date and method of service and each recipient's name and address are recorded here under Rule 5(b1). The motion and notice will be filed as Rule 5(d) requires.
Signed: [________________] Date: [__/__/____]
Proposed Order
State of North Carolina — [________________] County
In the General Court of Justice, [SUPERIOR/DISTRICT] Court Division
| Party | Role |
|---|---|
| [PLAINTIFF] | Plaintiff |
| v. | |
| [DEFENDANT] | Defendant |
File No.: [________________]
The Court considered Defendant's Motion to Dismiss, the submissions, and any hearing. The motion is [GRANTED/DENIED/GRANTED IN PART].
- Under Rule 12(b)([NUMBERS]), Count(s) [____] are [DISMISSED/REMAIN PENDING] [WITH/WITHOUT] prejudice and [WITH/WITHOUT] leave to amend by [DATE].
- The disposition of any venue or division objection is [________________].
- The responsive-pleading deadline or next hearing is [________________]. Other relief: [________________].
Entered: [__/__/____] Judge: [________________]
Sources and References
About this template
- Last updated
- October 24, 2026
- Citations checked
- October 24, 2026
- Jurisdiction
- North Carolina
- Category
- Litigation & Court Documents
Legal authority
- N.C. R. Civ. P. 12 (defenses, timing, and hearings)
- N.C. R. Civ. P. 5 (service and filing)
- N.C. Gen. Stat. § 1-82 (general venue rule)
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 24, 2026.
N.C. R. Civ. P. 12(a)(1) (checked October 24, 2026): "A defendant shall serve his answer within 30 days after service of the summons and complaint upon him."
N.C. R. Civ. P. 12(b) (checked October 24, 2026): "If, on a motion asserting the defense numbered (6), to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment"
N.C. R. Civ. P. 12(d) (checked October 24, 2026): "The defenses specifically enumerated (1) through (7) in section (b) of this rule, whether made in a pleading or by motion, and the motion for judgment on the pleadings mentioned in section (c) of this rule shall be heard and determined before trial on application of any party, unless the judge orders that the hearing and determination thereof be deferred until the trial."
N.C. R. Civ. P. 12(g)-(h) (checked October 24, 2026): "A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived"
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