Motion to Dismiss - New Hampshire

STATE OF NEW HAMPSHIRE

[COUNTY] COUNTY SUPERIOR COURT

[PLAINTIFF], Plaintiff
v.
[DEFENDANT], Defendant

Docket No. [NUMBER]

DEFENDANT'S MOTION TO DISMISS AND SUPPORTING MEMORANDUM

Defendant moves to dismiss [identify pleading, claim, or party] on the following specific grounds: [state each selected ground and its legal authority]. Defendant was served on [date] and files this motion on [date]. Under Superior Court Civil Rule 9(b), a motion to dismiss may be filed instead of an Answer within 30 days after service of the pleading requiring a response. Check the actual service date, any extension, and any case-specific order.

Grounds and requested disposition

Select only grounds supported by the pleading, record, and verified authority for this case:

• ☐ Failure to state a claim: [identify the claim, the required legal element, the complaint paragraph, and the reason the allegation does not meet that element].
• ☐ Lack of subject-matter jurisdiction: [identify the controlling jurisdictional provision and why it excludes this claim].
• ☐ Lack of personal jurisdiction: [identify the applicable authority and relevant contacts].
• ☐ Insufficient process or service of process: [identify the required method, what occurred, and supporting record].
• ☐ Affirmative defense apparent on the pleading or supported by an authorized record, such as limitations or prior adjudication: [identify the precise authority, dates or judgment, and why the defense applies].
• ☐ Other case-specific ground: [authority and facts].

Requested relief: [dismiss identified claim(s) or the action, with or without prejudice as supported by the specific ground / other case-specific relief]. Do not request dismissal with prejudice automatically for a jurisdiction or service defect. If a curable pleading defect is alleged, explain why the requested disposition follows from the applicable authority.

Procedural background and record

1. Plaintiff filed [pleading] on [date], alleging [claims].
2. Defendant received service on [date] by [method]. [Identify any relevant service document or return.]
3. The pleaded facts material to this motion are [paragraph references and short quotations].
4. [Identify any record material properly considered for the selected ground.]

Memorandum of law

A. Governing authority

[State the current New Hampshire authority controlling the selected ground. Quote the operative rule, statute, or case passage and cite its source. Do not substitute a federal pleading standard for the New Hampshire standard.]

B. Application to each selected ground

Ground [number]: [name]. [Identify the precise allegation or record fact.] [Explain how the controlling authority applies to those facts.] [Address any response or exception apparent from the pleading.] The requested relief on this ground is [specific disposition].

[Repeat for each ground. For a limitations defense, state the claim-specific period, accrual date, filing date, and any relevant tolling; Rule 9(d) requires an affirmative defense to be timely raised in an Answer or motion.]

Hearing request (optional)

☐ Defendant requests oral argument or an evidentiary hearing. It would assist the Court because [specific reason and written offer of proof if applicable]. Under Rules 12(d) and 13(b), the Court schedules a requested hearing; the moving party does not set the hearing date. If no qualifying request is made, the Court may decide on the pleadings and record.

Conclusion

Defendant requests that the Court [precisely identify the claims and disposition sought]. [Identify any costs or fees only if there is verified independent authority and the applicable procedure is followed.]

Respectfully submitted on [date],

[ATTORNEY NAME, NH BAR NUMBER]
[ADDRESS, PHONE, EMAIL]
Counsel for Defendant

Certificate of service

I certify that on [date], I served this motion and [attachments] on [names and addresses] by [authorized method].

[Signature]

Conditional notice of hearing

Use only after the Court sets a hearing and directs notice.

The Court has scheduled Defendant's Motion to Dismiss for [court-set date and time] at [place or remote instructions]. [Signature and service details.]

Filing and response checklist

• Under Rule 9(b), if the motion is denied, an Answer is generally due within 30 days after the date on the Notice of the Decision finally denying it. For a motion challenging personal jurisdiction, process, or service, apply the distinct Rule 9(e) appeal and Answer sequence.
• Rule 9(e) requires a personal-jurisdiction, process, or service challenge by motion within 30 days after service. If denied, a party wishing to preserve that challenge must seek supreme court review within 30 days of the clerk's final written notice; Rule 9(e) sets the Answer deadline depending on what happens on review.
• Rule 13(a) generally allows an objection within 10 days after the motion is filed unless the summary-judgment exception or a court order applies. Rule 13(b) requires a reasoned request for oral argument or evidentiary hearing. Lack of an objection alone does not require the Court to grant the motion.
• Under Rule 13A, a reply may be filed within 10 days after an objection; tell the clerk within three days after the Court receives the objection if a reply is intended. A surreply needs the Court's permission.