Motion to Dismiss - New Jersey

SUPERIOR COURT OF NEW JERSEY

[____________________] COUNTY: LAW DIVISION / CHANCERY DIVISION [select one]

NOTICE OF MOTION TO DISMISS COMPLAINT

PLEASE TAKE NOTICE that Defendant [____________________], by and through undersigned counsel, will move before the Honorable [____________________], J.S.C., at the [____________________] County Courthouse, [____________________], New Jersey, on [__/__/____], or as soon thereafter as counsel may be heard, for an Order pursuant to N.J. Ct. R. 4:6-2 dismissing the Complaint filed by Plaintiff with prejudice.

PLEASE TAKE FURTHER NOTICE that in support of this Motion, Defendant submits the accompanying Certification of [________________________________], the Memorandum of Law in Support of Defendant's Motion to Dismiss, and all exhibits annexed thereto.

PLEASE TAKE FURTHER NOTICE that oral argument is requested / [not requested — delete one].

PLEASE TAKE FURTHER NOTICE that pursuant to N.J. Ct. R. 1:6-3(a), any opposition to this Motion must be filed and served no later than 10 days before the return date of this Motion if any ground relies on R. 4:6-2(e) (failure to state a claim), which follows the 28/10/4-day summary-judgment schedule under R. 4:46-1; if this Motion is based solely on grounds (a)–(d) or (f), opposition is due no later than 8 days before the return date under the standard 16-day motion cycle.

[________________________________]
[Attorney Name]
[Law Firm Name]
Counsel for Defendant [____________________]

MOTION TO DISMISS COMPLAINT

PURSUANT TO N.J. Ct. R. 4:6-2

Defendant [DEFENDANT'S FULL NAME] ("Defendant"), by and through undersigned counsel, moves this Court for an Order pursuant to N.J. Ct. R. 4:6-2 dismissing the Complaint filed by [PLAINTIFF'S FULL NAME] ("Plaintiff"), with prejudice. In support, Defendant respectfully states:

I. INTRODUCTION AND PROCEDURAL HISTORY

1. Plaintiff filed the Complaint in this action on [__/__/____], asserting claims for [________________________________].

2. Defendant was served with the Summons and Complaint on [__/__/____].

3. The Answer (or this Motion in lieu of Answer) is [timely / being filed within 35 days of service] in accordance with N.J. Ct. R. 4:6-1.

4. This Motion is filed on the [____]-day motion cycle pursuant to N.J. Ct. R. 1:6-3. Under the post-September 2020 motion schedule, motions to dismiss under R. 4:6-2(e) are placed on the same 28-day motion cycle as summary judgment motions.

5. Important Note on Timing: The New Jersey Appellate Division confirmed in 2025 that a motion to dismiss under R. 4:6-2(e) may also be filed after the answer, provided that the answer itself raised the defense of failure to state a claim. See Bank v. Lee, No. A-0315-23 (N.J. Super. Ct. App. Div. Apr. 1, 2025) (approved for publication). Defendant [has raised / will raise] this defense in its Answer as well.

II. STATEMENT OF FACTS

6. Plaintiff is [________________________________], organized/residing in the State of [____________________].

7. Defendant is [________________________________], organized/residing in the State of [____________________].

8. The dispute at issue concerns [________________________________].

9. The Complaint alleges: [________________________________].

10. The Complaint further alleges: [________________________________].

11. [Continue with additional factual allegations, citing specific paragraphs of the Complaint.]

12. As set forth below, despite these allegations, the Complaint fails to state a cognizable claim under New Jersey law and must be dismissed.

III. GROUNDS FOR DISMISSAL

Defendant moves to dismiss on the following grounds under N.J. Ct. R. 4:6-2 (check all that apply):

☐ R. 4:6-2(a) — Lack of Subject Matter Jurisdiction
This Court lacks subject matter jurisdiction over the claims asserted in the Complaint because [________________________________].

☐ R. 4:6-2(b) — Lack of Personal Jurisdiction
This Court lacks personal jurisdiction over Defendant because Defendant does not have minimum contacts with New Jersey sufficient to satisfy the Due Process Clause.

☐ R. 4:6-2(c) — Insufficient Process
The process served upon Defendant was insufficient because [________________________________].

☐ R. 4:6-2(d) — Insufficient Service of Process
Service of process was insufficient because [________________________________], in violation of N.J. Ct. R. 4:4-3 et seq.

☐ R. 4:6-2(e) — Failure to State a Claim Upon Which Relief Can Be Granted
The Complaint fails to state a claim upon which relief can be granted. Plaintiff has not alleged sufficient facts to establish the essential elements of the claims alleged.

☐ R. 4:6-2(f) — Failure to Join an Indispensable Party
The Complaint fails to join an indispensable party, specifically [________________________________], without whom complete relief cannot be afforded and/or whose absence would prejudice their interests.

IV. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

A. New Jersey's Pleading Standard — Fact Pleading

New Jersey is a fact pleading jurisdiction, not a pure notice pleading state. Under N.J. Ct. R. 4:5-2, a complaint must contain "a statement of the facts on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement." This requires more than mere legal conclusions; the plaintiff must allege specific facts supporting each element of each cause of action.

On a motion to dismiss under R. 4:6-2(e), the court must:

1. Search the complaint in depth and with liberality to determine whether a cause of action can be gleaned from its allegations;
2. Accept all well-pleaded facts as true;
3. Accord the plaintiff all reasonable inferences; and
4. Determine whether any state of facts consistent with the complaint could entitle the plaintiff to relief.

See Printing Mart-Morristown v. Sharp Electronics Corp., 116 N.J. 739, 746 (1989); Banco Popular North America v. Gandi, 184 N.J. 161, 165-66 (2005).

However, New Jersey courts do not accept mere legal conclusions couched as facts. A "complaint which merely recites conclusory language without supporting factual allegations does not state a cause of action." Cornett v. Johnson & Johnson, 414 N.J. Super. 365, 385 (App. Div. 2010). The court must "search the complaint in depth" but is not required to ignore the absence of factual support for legal claims.

New Jersey vs. Federal Standard: New Jersey has not adopted the federal Twombly/Iqbal "plausibility" standard. Instead, NJ courts ask whether, under any state of facts consistent with the complaint, the plaintiff may prevail. However, the fact-pleading requirement means that mere legal labels without supporting facts will not survive dismissal.

B. Failure to State a Claim — R. 4:6-2(e)

(Include if R. 4:6-2(e) is checked)

1. Governing Standard

A motion to dismiss under R. 4:6-2(e) does not contest the facts. Rather, it asserts that even if all of Plaintiff's allegations of fact are assumed true, the claims cannot succeed as a matter of law. The question is whether the Complaint, on its face and accepting all well-pleaded facts as true, states a cognizable cause of action under New Jersey law.

2. Count [____] — [Name of Claim] Fails as a Matter of Law

The elements of [________________________________] under New Jersey law are: (1) [________________________________]; (2) [________________________________]; (3) [________________________________]; and (4) [________________________________]. See [New Jersey case citation].

The Complaint fails to plead the [first/second/third] element because:

a. Paragraph [____] of the Complaint alleges [________________________________], but this is a bare legal conclusion without supporting facts.

b. The Complaint contains no allegation of [________________________________], which is essential to establish [this element].

c. The documents attached to the Complaint as Exhibit [____] contradict the allegation in Paragraph [____] that [________________________________].

Therefore, Count [____] must be dismissed for failure to state a claim.

3. Count [____] — [Name of Additional Claim]

[Repeat this analysis for each count in the Complaint.]

C. Lack of Subject Matter Jurisdiction — R. 4:6-2(a)

(Include if R. 4:6-2(a) is checked)

The Superior Court of New Jersey has original general jurisdiction throughout the State in all causes under N.J. Const. Art. VI, § III, ¶ 2, but subject matter jurisdiction may be lacking where [________________________________]. Subject matter jurisdiction is a non-waivable defect that may be raised at any time.

In this case, this Court lacks subject matter jurisdiction because [________________________________]. Specifically, [________________________________].

D. Lack of Personal Jurisdiction — R. 4:6-2(b)

(Include if R. 4:6-2(b) is checked)

New Jersey's long-arm rule, N.J. Ct. R. 4:4-4(b)(1), extends personal jurisdiction to the limits of due process. To establish personal jurisdiction, Plaintiff must show that Defendant has sufficient minimum contacts with New Jersey. International Shoe Co. v. Washington, 326 U.S. 310 (1945); Lebel v. Everglades Marina, Inc., 115 N.J. 317, 322-23 (1989).

Defendant lacks the requisite contacts with New Jersey because [________________________________]. Defendant does not reside in, is not incorporated in, and has no regular place of business in New Jersey. The claims in this action also do not arise from any New Jersey-based activity. Accordingly, this Court lacks personal jurisdiction over Defendant.

E. Insufficient Service of Process — R. 4:6-2(d)

(Include if R. 4:6-2(d) is checked)

New Jersey Court Rule 4:4-3 requires that service of process be made in a specific manner depending on the type of defendant (individual, corporation, public body, etc.). Service on a corporation must be made upon an officer, director, trustee, or registered agent. See N.J. Ct. R. 4:4-4(a)(6).

In this case, service was defective because [________________________________]. As a result, this Court has not acquired personal jurisdiction over Defendant through proper service of process, and the Complaint must be dismissed.

F. Failure to Join an Indispensable Party — R. 4:6-2(f)

(Include if R. 4:6-2(f) is checked)

Under N.J. Ct. R. 4:28-1, a party is necessary and must be joined if complete relief cannot be accorded in the party's absence or if the party claims an interest in the action that may be prejudiced without their participation.

[________________________________] is an indispensable party because [________________________________]. Without [________________________________]'s participation, complete relief cannot be afforded and/or existing parties face the risk of inconsistent obligations. The action should therefore be dismissed under R. 4:6-2(f).

V. NEW JERSEY MOTION PRACTICE — PROCEDURAL REQUIREMENTS

A. Motion Schedule (28-Day Cycle)

As of September 1, 2020, motions to dismiss under R. 4:6-2(e) are on the 28-day motion cycle (the same cycle as summary judgment motions under R. 4:46). Key deadlines are:

See N.J. Ct. R. 1:6-3(a); N.J. Ct. R. 4:46-1.

B. Moving Papers Required

Pursuant to N.J. Ct. R. 1:6-2(a) and R. 4:6-2, the moving papers must include:

☐ Notice of Motion
☐ Certification of Counsel (certifying the accuracy of factual representations)
☐ Memorandum of Law in Support of Motion to Dismiss
☐ Proposed Form of Order
☐ Proof of Service

C. Electronic Filing — NJ eCourts

This Motion is filed through the New Jersey eCourts electronic filing system. Attorneys must be registered in eCourts to file electronically. All documents must comply with the formatting requirements established by the Administrative Director of the Courts.

• eCourts Portal: https://portal.njcourts.gov/
• E-filing is mandatory in most Superior Court vicinages for represented parties.

D. Certification Requirement (Not Affidavit)

New Jersey practice requires certifications, not affidavits, for sworn statements. A certification must comply with N.J. Ct. R. 1:4-4, certifying that the statements made are true to the best of the signatory's knowledge, information, and belief.

E. Page Limits

Under N.J. Ct. R. 1:6-5, a brief in support of (or opposing) a dispositive motion — which for purposes of this rule includes a motion to dismiss under R. 4:6-2(e), as well as motions for summary judgment — may not exceed 65 pages (26 double-spaced lines of no more than 65 characters per page, 10-pitch or 12-point type), without prior written application to and permission of the court. A motion to dismiss based solely on grounds (a)–(d) or (f) is treated as non-dispositive for this purpose and is limited to 40 pages. Reply briefs, regardless of the ground asserted, are limited to 15 pages.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant [DEFENDANT'S FULL NAME] respectfully requests that this Court enter an Order:

1. Dismissing Plaintiff's Complaint in its entirety, with prejudice, pursuant to N.J. Ct. R. 4:6-2;

2. Alternatively, dismissing the specific counts identified above;

3. Awarding Defendant its costs of suit and attorneys' fees to the extent permitted by law or applicable fee-shifting statute;

4. Granting oral argument if requested; and

5. Granting such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
    [Attorney's Full Name]
    New Jersey Attorney ID No. [____________________]
    [Firm Address]
    [City], New Jersey [____]
    Telephone: ([____]) [____]-[________]
    Facsimile: ([____]) [____]-[________]
    Email: [________________________________]

Counsel for Defendant [____________________]

Dated: [__/__/____]

CERTIFICATION OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused true and correct copies of the foregoing Notice of Motion to Dismiss, Memorandum of Law, Certification of [________________________________], and Proposed Form of Order to be served upon the following counsel of record in the following manner:

Counsel for Plaintiff:
[Attorney's Full Name]
[Firm Name]
[Address]
[City], New Jersey [____]
Email: [________________________________]

☐ Via NJ eCourts electronic filing system (electronic service)
☐ Via Regular Mail and Email pursuant to R. 1:5-2
☐ Via Hand Delivery

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

[________________________________]
[Attorney's Name]
Dated: [__/__/____]

PROPOSED FORM OF ORDER

SUPERIOR COURT OF NEW JERSEY

[____________________] COUNTY: LAW DIVISION / CHANCERY DIVISION

ORDER GRANTING MOTION TO DISMISS

THIS MATTER having been opened to the Court by [____________________], counsel for Defendant [____________________], upon a Motion to Dismiss Plaintiff's Complaint pursuant to N.J. Ct. R. 4:6-2; and the Court having considered the moving papers, any opposition thereto, and any reply, [and having heard oral argument on [__/__/____],] and for good cause shown;

IT IS on this [____] day of [____________________], [____], ORDERED:

1. Defendant's Motion to Dismiss is GRANTED.

2. Plaintiff's Complaint is hereby DISMISSED [with / without] prejudice.

3. [Alternatively: Count(s) [____] of Plaintiff's Complaint are hereby dismissed [with / without] prejudice.]

4. Costs are awarded to Defendant in the amount of $[____________________].

5. This Order shall be served on all parties within [____] days.

[________________________________]
Honorable [____________________], J.S.C.

NEW JERSEY-SPECIFIC NOTES FOR COUNSEL

1. Fact Pleading: NJ is a fact-pleading state. Bare legal conclusions are insufficient. The Memorandum of Law should identify each missing factual element specifically.

2. Post-Answer Motion: In Bank v. Lee, No. A-0315-23 (N.J. Super. Ct. App. Div. Apr. 1, 2025) (approved for publication), the Appellate Division confirmed that a R. 4:6-2(e) motion can be filed after the answer if the answer raised the defense of failure to state a claim. This is a matter of first impression and runs contrary to the unpublished decision in Wells Fargo Bank, N.A. v. Anthony, No. A-0395-22 (N.J. Super. Ct. App. Div. May 2024) (unpublished); as a published decision, Bank controls. Always include the defense in the answer if considering a post-answer motion.

3. Certification vs. Affidavit: Always use certifications under R. 1:4-4, not affidavits. This is a critical New Jersey distinction.

4. Proposed Order Required: New Jersey practice requires a proposed form of order with all motions. Include a completed proposed order.

5. Vicinage-Specific Rules: Each vicinage (county) may have local rules or standing orders. Check the specific vicinage's website or contact the clerk before filing.

6. Dismissal Without Prejudice vs. With Prejudice: New Jersey courts often dismiss without prejudice on a first R. 4:6-2(e) motion, giving plaintiff leave to amend. Argue for prejudice where amendment would be futile.

7. Motion Cycle Change (Post-Sept. 2020): R. 4:6-2(e) motions are now on the 28/10/4-day cycle (same as summary judgment under R. 4:46-1) rather than the general 16/8/4-day cycle. Moving papers are due 28 days before the return date, opposition 10 days before (up from 8 days pre-2020), and reply 4 days before.

SOURCES AND REFERENCES

• NJ Courts Official Rules Page (R. 4:6, R. 1:6, R. 4:46, R. 1:32-2A): https://www.njcourts.gov/attorneys/rules-of-court
• NJ Courts — Official R. 4:6 (Defenses and Objections) PDF: https://www.njcourts.gov/attorneys/assets/rules/r4-6.pdf
• NJ Courts — Official R. 1:6 (Motions and Briefs) PDF: https://www.njcourts.gov/attorneys/assets/rules/r1-6.pdf
• Bank v. Lee, No. A-0315-23 (App. Div. Apr. 1, 2025), official slip opinion: https://www.njcourts.gov/system/files/court-opinions/2025/a0315-23.pdf
• Clark Hill Article on R. 4:6-2(e) Timing: https://www.clarkhill.com/news-events/news/new-jersey-appellate-division-confirms-timing-options-for-filing-a-motion-to-dismiss-pursuant-to-new-jersey-court-rule-46-2e/
• NJ Civil Rule Changes Post-September 2020 (Post & Schell / Bloomberg Law): https://www.postschell.com/uploads/NJCivilRuleChanges.pdf
• NJ eCourts Portal: https://portal.njcourts.gov/