Motion to Dismiss - Rhode Island

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

SUPERIOR COURT — [____________________] COUNTY

DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT

Pursuant to R.I. Super. R. Civ. P. 12(b)

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Rule 12(b) of the Rhode Island Superior Court Rules of Civil Procedure to dismiss Plaintiff's Complaint, in whole or in part, for the reasons set forth in the accompanying Memorandum of Law.

I. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ Rule 12(b)(1): Lack of Jurisdiction Over the Subject Matter
This Court lacks jurisdiction over the subject matter of this action.

☐ Rule 12(b)(2): Lack of Jurisdiction Over the Person
This Court lacks personal jurisdiction over Defendant.

☐ Rule 12(b)(3): Improper Venue
Venue is improper in this Court.

☐ Rule 12(b)(4): Insufficiency of Process
The process issued in this action is insufficient.

☐ Rule 12(b)(5): Insufficiency of Service of Process
Service of process upon Defendant was insufficient.

☐ Rule 12(b)(6): Failure to State a Claim Upon Which Relief Can Be Granted
The Complaint fails to state a claim upon which relief can be granted.

☐ Rule 12(b)(7): Failure to Join an Indispensable Party
The Complaint fails to join a party needed for just adjudication under R.I. Super. R. Civ. P. 19.

II. STATEMENT OF THE CASE

On or about [__/__/____], Plaintiff filed a Complaint in this Court asserting claims of [________________________________] against Defendant. Plaintiff's Complaint purports to allege [________________________________].

Defendant was served on [__/__/____]. Under Rhode Island law, Defendant is required to answer within 20 days of service of the summons and complaint. R.I. Super. R. Civ. P. 12(a)(1). This Motion is timely filed.

III. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

A. Pleading Standard

Rhode Island is a notice pleading state. Under R.I. Super. R. Civ. P. 8(a)(1), a complaint need only contain "a short and plain statement of the claim showing that the pleader is entitled to relief." However, while this is a liberal standard, it still requires the plaintiff to allege facts sufficient to give the defendant fair notice of the basis of the claim.

B. Standard for a Rule 12(b)(6) Motion

When ruling on a Rule 12(b)(6) motion, this Court must examine the allegations contained in the complaint, assume them to be true, and view them in the light most favorable to the plaintiff. Palazzo v. Alves, 944 A.2d 144, 149 (R.I. 2008). However, this Court need not accept unsupported conclusions or legal characterizations.

A Rule 12(b)(6) motion should be granted when "it is clear beyond a reasonable doubt that the plaintiff would not be entitled to relief from the defendant under any set of facts that could be proven in support of the plaintiff's claim." Tanner v. Town Council, 880 A.2d 784, 791 (R.I. 2005). In other words, the motion tests whether the plaintiff has a legal right to recover; it does not test whether the plaintiff will succeed.

C. Conversion to Summary Judgment

If matters outside the pleadings are presented to and not excluded by the Court on a Rule 12(b)(6) motion, the motion shall be treated as one for summary judgment under Rule 56. R.I. Super. R. Civ. P. 12(b).

IV. ARGUMENT

A. This Court Lacks Subject Matter Jurisdiction — Rule 12(b)(1)

(Complete this section if Ground 1 is checked)

The Rhode Island Superior Court has broad original civil jurisdiction under R.I. Gen. Laws § 8-2-14 (civil matters exceeding $10,000) and equitable jurisdiction under R.I. Gen. Laws § 8-2-13, but certain matters are subject to exclusive jurisdiction in other forums.

This Court lacks subject matter jurisdiction over this action because:

☐ The claim falls within the exclusive jurisdiction of the Rhode Island Workers' Compensation Court, established under R.I. Gen. Laws § 28-30-1, and is barred as a common-law tort claim against the employer by the exclusive-remedy provision of R.I. Gen. Laws § 28-29-20 (Workers' Compensation Act, R.I. Gen. Laws tit. 28, ch. 29–38).

☐ The claim falls within the exclusive jurisdiction of the Family Court under R.I. Gen. Laws § 8-10-3.

☐ The claim involves a federal question within the exclusive jurisdiction of the federal courts.

☐ Plaintiff has failed to exhaust mandatory administrative remedies required by [________________________________] before seeking judicial review.

☐ The Rhode Island [________________________________] Commission/Agency has exclusive original jurisdiction over this claim under R.I. Gen. Laws § [________________________________].

☐ Other: [________________________________].

Specific facts supporting this ground:

[________________________________]

B. This Court Lacks Personal Jurisdiction — Rule 12(b)(2)

(Complete this section if Ground 2 is checked)

Rhode Island's long-arm statute, R.I. Gen. Laws § 9-5-33, authorizes this Court to exercise personal jurisdiction over a nonresident defendant to the fullest extent permitted by the United States Constitution. Donatelli v. National Hockey League, 893 F.2d 459 (1st Cir. 1990).

To establish personal jurisdiction consistent with due process, Plaintiff must show that Defendant has minimum contacts with Rhode Island such that maintaining this suit does not offend "traditional notions of fair play and substantial justice." International Shoe Co. v. Washington, 326 U.S. 310 (1945).

Defendant lacks the minimum contacts required to support personal jurisdiction in Rhode Island because:

☐ Defendant is not a Rhode Island resident and does not have its principal place of business in Rhode Island. Defendant is therefore not subject to general jurisdiction in Rhode Island.

☐ Defendant has not purposefully directed any activities toward Rhode Island.

☐ The claims asserted do not arise out of or relate to any contacts Defendant may have with Rhode Island.

☐ Exercising jurisdiction over Defendant would be unreasonable and inconsistent with fair play and substantial justice.

☐ Defendant has not: transacted business in Rhode Island; contracted to supply services or things in Rhode Island; caused tortious injury in Rhode Island; or otherwise engaged in conduct sufficient to subject it to jurisdiction under R.I. Gen. Laws § 9-5-33.

Supporting Facts:

Defendant [________________________________] is a [________________________________] with its principal place of business in [________________________________]. Defendant [________________________________]. See Declaration of [________________________________], attached hereto as Exhibit A.

C. Venue Is Improper — Rule 12(b)(3)

(Complete this section if Ground 3 is checked)

Venue in Rhode Island civil actions is governed by R.I. Gen. Laws §§ 9-4-2 through 9-4-6 (venue based on the location of real property, the residence of the parties, and — for corporate parties — the location of the defendant corporation), with dismissal or transfer for improper venue authorized by R.I. Gen. Laws § 9-4-6. (Note: R.I. Gen. Laws § 9-4-1 itself was repealed in 1966; joinder of claims is now governed by R.I. Super. R. Civ. P. 18, not § 9-4-1.)

The applicable venue provision is R.I. Gen. Laws § [________________________________], which provides: [________________________________].

Venue is improper in this Court because:

☐ Defendant does not reside, maintain a place of business, or regularly conduct business in [____________________] County.

☐ The cause of action did not arise in [____________________] County.

☐ The contract at issue was to be performed in [____________________] County, not [____________________] County.

☐ The property at issue is located in [____________________] County.

☐ Other: [________________________________].

Venue is proper in [________________________________].

WHEREFORE, Defendant requests that this Court either dismiss this action or transfer it to the appropriate court.

D. Process Was Insufficient — Rule 12(b)(4)

(Complete this section if Ground 4 is checked)

Under R.I. Super. R. Civ. P. 4(a), the summons must bear the signature of the clerk, be under the seal or watermark of the court, identify the court and the parties, be directed to the defendant, state the name and address of the plaintiff's attorney or the plaintiff pro se, state the time within which the defendant must appear and defend, and notify the defendant that failure to appear will result in a default judgment.

The process in this case is deficient because:

☐ The summons was not signed by the clerk of the court.

☐ The summons does not bear the seal of the court.

☐ The summons fails to identify the parties or the court.

☐ The summons does not state the time within which Defendant must appear and defend.

☐ The summons does not include the plaintiff's attorney's name and address.

☐ Other deficiency: [________________________________].

E. Service of Process Was Insufficient — Rule 12(b)(5)

(Complete this section if Ground 5 is checked)

Rhode Island requires service of process in compliance with R.I. Super. R. Civ. P. 4. Service must be made by a person at least 18 years of age who is not a party, or by a sheriff or constable. R.I. Super. R. Civ. P. 4(c).

Service upon Defendant was deficient because:

☐ Service was made by a party to this action, which is prohibited.

☐ Service was not made at Defendant's usual place of abode or upon an authorized agent.

☐ Service upon a corporation was not made upon an officer, director, manager, or managing or general agent, or an agent authorized to receive service. R.I. Super. R. Civ. P. 4(e)(3).

☐ Service was attempted but not completed within 120 days after commencement of the action as required. R.I. Super. R. Civ. P. 4(l).

☐ Service by mail on a defendant served outside the State of Rhode Island was not properly executed (e.g., not by registered or certified mail, return receipt requested) in accordance with R.I. Super. R. Civ. P. 4(f).

☐ Other deficiency: [________________________________].

The plaintiff bears the burden of establishing valid service. Because valid service has not been effected, this Court lacks personal jurisdiction over Defendant.

F. The Complaint Fails to State a Claim — Rule 12(b)(6)

(Complete this section if Ground 6 is checked)

Even accepting all well-pleaded factual allegations as true and drawing all reasonable inferences in Plaintiff's favor, the Complaint fails to state a claim upon which relief can be granted.

Under Rhode Island's notice pleading standard, a complaint must still contain factual allegations sufficient to give the defendant fair notice of the claim and its basis. Haley v. Town of Lincoln, 611 A.2d 845 (R.I. 1992). Legal conclusions couched as factual allegations are insufficient.

Specific deficiencies in the Complaint:

Count [____] — [________________________________] — Fails to State a Claim

To state a claim for [________________________________] under Rhode Island law, Plaintiff must allege facts showing: (1) [________________________________]; (2) [________________________________]; (3) [________________________________]; and (4) [________________________________]. See [________________________________].

The Complaint fails to state this claim because:

Deficiency No. 1: [________________________________]. Specifically, the Complaint alleges "[________________________________]" (Compl. ¶ [____]), but this is a legal conclusion without factual support. Plaintiff has failed to allege any facts showing [________________________________].

Deficiency No. 2: The Complaint fails entirely to allege [________________________________], an essential element. Without an allegation of [________________________________], there is no legally cognizable claim for [________________________________].

Deficiency No. 3 (if applicable): [________________________________].

Count [____] — [________________________________] — Fails to State a Claim

(Repeat as necessary)

[________________________________]

Statute of Limitations

☐ In addition, the claims asserted are barred by the applicable statute of limitations.

The applicable statute of limitations under Rhode Island law is:

☐ R.I. Gen. Laws § 9-1-13(a) — 10 years (general catch-all limitation; written or oral contracts, property damage, fraud)
☐ R.I. Gen. Laws § 9-1-14(a) — 1 year (defamation / words spoken)
☐ R.I. Gen. Laws § 9-1-14(b) — 3 years (personal injury / negligence / products liability)
☐ R.I. Gen. Laws § 9-1-14.1 — 3 years (medical, veterinary, accounting, or insurance/real estate broker malpractice)
☐ R.I. Gen. Laws § 9-1-14.3 — 3 years (legal malpractice)
☐ R.I. Gen. Laws § 9-1-29 — 10 years from substantial completion (statute of repose for construction/design defects)
☐ R.I. Gen. Laws § 10-7-2 — 3 years (wrongful death)
☐ Other: [________________________________]

The cause of action accrued on [__/__/____] when [________________________________]. This action was filed on [__/__/____], which is [________________________________] after the limitations period expired. The face of the Complaint establishes this untimeliness because [________________________________].

G. Failure to Join an Indispensable Party — Rule 12(b)(7)

(Complete this section if Ground 7 is checked)

Under R.I. Super. R. Civ. P. 19(a), a person subject to service of process must be joined as a party if, in that person's absence, complete relief cannot be accorded among those already parties, or if that person claims an interest relating to the subject of the action such that disposing of the action in the person's absence may impair or impede that person's ability to protect the interest, or leave an existing party subject to a substantial risk of multiple or inconsistent obligations.

The Complaint fails to join the following necessary and indispensable party:

☐ [________________________________], whose joinder is required because [________________________________].

☐ Complete relief cannot be accorded among the existing parties without joinder of the absent party.

☐ Proceeding without the absent party would prejudice that party's ability to protect its interest in [________________________________] or would subject Defendant to a substantial risk of multiple or inconsistent obligations.

Because the absent party [________________________________] cannot feasibly be joined [describe reason, e.g., lack of personal jurisdiction], the Court should determine whether, under R.I. Super. R. Civ. P. 19(b), the action should proceed without that party or should be dismissed as brought.

V. E-FILING INFORMATION

This Motion is filed through the Rhode Island Judiciary's Electronic Filing System (EFS), branded eFileRI (a Tyler Technologies product), in accordance with Article X of the Rhode Island Supreme Court Rules Governing Electronic Filing, R.I. Super. R. Civ. P. 1(b), and the Rhode Island Superior Court Rules of Practice. Electronic filing is mandatory for all represented parties in Superior Court, subject to limited exceptions for incarcerated individuals and waivers granted under Article X, Rule 3(c).

EFS Case Number: [________________________________]

All counsel are required to register as Users of eFileRI for electronic filing and service. Electronic service through eFileRI constitutes valid service under the applicable Rules. Attorneys should confirm current EFS requirements at courts.ri.gov, as the Judiciary has been transitioning its remote public-access platform (re:SearchRI) and periodically updates its electronic-filing rules.

VI. BRIEFING SCHEDULE

Pursuant to the Rhode Island Superior Court Rules of Practice:

• This Motion is filed on [__/__/____].
• Plaintiff's Response/Objection is due within [____] days of service of this Motion.
• Defendant's Reply, if any, is due within [____] days of service of Plaintiff's Response.
• Oral argument: ☐ Requested ☐ Not requested

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] respectfully requests that this Court:

1. GRANT this Motion to Dismiss in its entirety;

2. DISMISS Plaintiff's Complaint with prejudice as to all counts and claims asserted therein;

— OR, in the alternative —

3. DISMISS the following specific counts:
   Count(s) [________________________________] for the following reasons: [________________________________];

4. ☐ DISMISS with prejudice the claims that are barred by the statute of limitations;

5. ☐ TRANSFER the action to the appropriate venue in lieu of dismissal;

6. AWARD Defendant its reasonable attorneys' fees and costs as permitted by law; and

7. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

Attorney Name: [________________________________]
Rhode Island Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
[________________________________]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]

Attorney for Defendant [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Motion to Dismiss was served upon the following parties by the method(s) indicated:

Counsel for Plaintiff:

Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
[________________________________]
Email: [________________________________]

Method of Service:

☐ Electronic service through the Rhode Island Judiciary Electronic Filing System (EFS)
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Email (with consent)
☐ Overnight courier

[________________________________]
Certifying Attorney

EXHIBIT LIST

☐ Exhibit A — Declaration of [________________________________] (personal jurisdiction)
☐ Exhibit B — [________________________________]
☐ Exhibit C — [________________________________]

SOURCES AND REFERENCES

• Rhode Island Superior Court Rules of Civil Procedure (February 2024): https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfCivilProcedure.pdf
• Rhode Island Superior Court Rules of Practice: https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfPractice.pdf
• R.I. Gen. Laws § 9-5-33 (Long-Arm Statute): https://webserver.rilegislature.gov/Statutes/TITLE9/9-5/9-5-33.HTM
• R.I. Gen. Laws §§ 9-4-2 to 9-4-6 (Venue): https://webserver.rilegislature.gov/Statutes/TITLE9/9-4/INDEX.htm
• R.I. Gen. Laws § 8-2-14 (Superior Court Civil Jurisdiction): https://webserver.rilegislature.gov/Statutes/TITLE8/8-2/8-2-14.HTM
• R.I. Gen. Laws § 28-30-1 (Workers' Compensation Court) and § 28-29-20 (Exclusive Remedy): https://webserver.rilegislature.gov/Statutes/TITLE28/28-30/28-30-1.htm
• R.I. Gen. Laws Chapter 9-1 (Statutes of Limitation, Causes of Action): https://webserver.rilegislature.gov/Statutes/TITLE9/9-1/INDEX.htm
• Rhode Island Judiciary Electronic Filing System (eFileRI): https://www.courts.ri.gov/Legal-Resources/Pages/electronic-filing.aspx
• Rhode Island Judiciary official site: https://www.courts.ri.gov

Note: Rhode Island's answer deadline is 20 days after service of the summons and complaint. Under R.I. Super. R. Civ. P. 12(h), the defenses of personal jurisdiction, improper venue, and insufficiency of process/service of process are waived if not raised in the first responsive pleading or pre-answer motion. Lack of subject matter jurisdiction may be raised at any time, including at trial. Failure to state a claim and failure to join an indispensable party (Rule 12(b)(6) and (7)) may also be raised later, by a subsequent pleading, a motion for judgment on the pleadings, or at trial. Rhode Island has a single, unified Superior Court that sits in four county-based jurisdictions — Providence/Bristol (combined), Kent, Washington, and Newport — and venue rules should be carefully reviewed to ensure the case is filed in the proper county. Always consult the current Rhode Island Superior Court Rules of Practice for any local procedures specific to motion practice.