Motion to Dismiss - Oregon
DEFENDANT'S MOTION TO DISMISS
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR [COUNTY] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF] | Plaintiff |
| v. | |
| [DEFENDANT] | Defendant |
Case No. [CASE NUMBER]
☐ Oral argument requested (UTCR 5.050)
Defendant [NAME] moves under ORCP 21 A(1) to dismiss [IDENTIFY CLAIMS OR COMPLAINT] on the grounds checked below. If oral argument is requested, defendant estimates [NUMBER] minutes and ☐ requests ☐ does not request official court reporting services. The facts and authorities supporting each selected ground appear below.
Grounds and supporting facts
Select only grounds supported by this case. State facts with particularity under ORCP 21 A(2)(b); for grounds (a) through (g), attach a declaration or other evidence if relevant facts do not appear on the pleading.
☐ ORCP 21 A(1)(a): lack of subject matter jurisdiction. Facts: [FACTS]. Authority and application: [AUTHORITY; EXPLANATION].
☐ ORCP 21 A(1)(b): lack of personal jurisdiction. Facts: [FACTS]. Authority and application: [AUTHORITY; EXPLANATION].
☐ ORCP 21 A(1)(c): another action pending between the same parties for the same cause. Identify action and parties: [FACTS]. Authority and application: [EXPLANATION].
☐ ORCP 21 A(1)(d): claimant lacks legal capacity to sue. Facts: [FACTS]. Authority and application: [EXPLANATION].
☐ ORCP 21 A(1)(e): insufficient summons, process, or service. Identify the specific defect and prejudice: [FACTS]. Authority and application: [EXPLANATION].
☐ ORCP 21 A(1)(f): claimant is not the real party in interest. Facts: [FACTS]. Authority and application: [EXPLANATION]. Address the reasonable opportunity for ratification, joinder, or substitution under ORCP 26 A: [EXPLANATION].
☐ ORCP 21 A(1)(g): failure to join a person under ORCP 29. Identify the person, why joinder is required, and why joinder is or is not feasible: [FACTS AND EXPLANATION].
☐ ORCP 21 A(1)(h): failure to state ultimate facts sufficient to constitute a claim under ORCP 18 A. Identify the missing ultimate facts and why the claim fails: [EXPLANATION].
☐ ORCP 21 A(1)(i): the pleading shows the action was not commenced within the time limited by [SPECIFIC STATUTE]. Pleaded dates and calculation: [EXPLANATION].
Memorandum and relief requested
For each selected ground, the applicable rule or statute supports dismissal because [ANALYSIS APPLYING AUTHORITY TO PLEADED FACTS]. Defendant requests that the court [DISMISS IDENTIFIED CLAIMS / GRANT LEAVE TO AMEND / STAY OR DEFER IF ANOTHER ACTION IS PENDING] as permitted by ORCP 21 A(2)(c). State any requested prejudice or leave to amend separately for each claim: [EXPLANATION].
☐ Special motion to strike under ORS 31.150. The challenged claim arises from [SPECIFIC STATEMENT, DOCUMENT, OR CONDUCT] within ORS 31.150(2)[SUBSECTION]. The moving defendant's prima facie showing is [FACTS AND EVIDENCE]. The claim does not fall within ORS 31.150(3) or the official-action exclusion in ORS 31.155(1) because [FACTS]. Under ORS 31.150(4), the plaintiff must then present substantial evidence supporting a prima facie case. If this is a defamation claim under ORS 31.150(2)(b), also address the malice requirement in subsection (5): [EXPLANATION]. Defendant requests the statutory judgment of dismissal without prejudice and, if defendant prevails, reasonable fees and costs under ORS 31.152(3). Filing date: [DATE]; complaint served: [DATE]. See ORS 31.152(1) for the 60-day filing period and the court's discretion to permit a later filing.
Certificate of conferral
For any selected ORCP 21 ground other than failure to state a claim or lack of jurisdiction, UTCR 5.010 requires a good faith effort to confer before filing and a certificate filed with the motion. ☐ Counsel conferred with [NAME] on [DATE] about [ISSUES]; result: [RESULT]. ☐ Good cause prevented conferral because [FACTS]. ☐ The motion concerns only failure to state a claim or lack of jurisdiction.
DATED: [DATE]
[ATTORNEY OR PARTY SIGNATURE]
[NAME; OREGON BAR NUMBER IF APPLICABLE]
[ADDRESS; PHONE; EMAIL]
Certificate of service
I certify that on [DATE] I served this motion and its attachments on [RECIPIENT AND ADDRESS] by [METHOD AUTHORIZED IN THIS CASE].
[SIGNATURE]
PROPOSED ORDER ON MOTION TO DISMISS
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR [COUNTY] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF] | Plaintiff |
| v. | |
| [DEFENDANT] | Defendant |
Case No. [CASE NUMBER]
After considering the motion, response, and record, the court orders:
☐ Motion denied as to [CLAIMS].
☐ Motion granted under ORCP 21 A(1)[GROUND] as to [CLAIMS]. ☐ Judgment will be entered for defendant. ☐ Plaintiff may file an amended complaint by [DATE].
☐ On the another-action-pending ground, this proceeding is stayed until [EVENT] or entry of judgment is deferred until [EVENT].
☐ Special motion to strike under ORS 31.150 granted as to [CLAIMS]. A judgment of dismissal without prejudice shall be entered. Defendant may seek reasonable fees and costs under ORS 31.152(3).
Other directions: [DIRECTIONS]
DATED: [DATE]
[JUDGE SIGNATURE]
Sources and references
About this template
- Last updated
- October 24, 2026
- Citations checked
- October 24, 2026
- Jurisdiction
- Oregon
- Category
- Litigation & Court Documents
Legal authority
- ORCP 1 E(1), 18 A, 21 A, 21 F-G, 26 A, 29
- UTCR 5.010, 5.020, 5.050
- ORS 31.150 (special motion to strike, if applicable)
- ORS 31.152 (special motion procedure and fees, if applicable)
- ORS 31.155 (excluded official actions, if applicable)
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.
ORCP 21 G(4) (checked October 24, 2026): "If it appears by motion of the parties or otherwise that the court lacks jurisdiction over the subject matter, the court must dismiss the action."
ORCP 7 C(1)(b) (checked October 24, 2026): "A direction to the defendant requiring defendant to appear and defend within the time required by subsection C(2) of this rule and a notification to defendant that, in case of failure to do so, the plaintiff will apply to the court for the relief demanded in the complaint."
ORCP 7 D(1) (checked October 24, 2026): "Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend."
ORCP 7 G (checked October 24, 2026): "If service is made in any manner complying with subsection D(1) of this rule, the court shall also disregard any error in the service of a summons that does not violate the due process rights of the party against whom the summons was issued."
Draft your Motion to Dismiss in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. $99 one time, or $249 per month for every document and every Ezel app.