Motion to Dismiss - Utah

IN THE [JUDICIAL DISTRICT] DISTRICT COURT

IN AND FOR [COUNTY] COUNTY, STATE OF UTAH

[PLAINTIFF], Plaintiff v. [DEFENDANT], Defendant
Case No. [NUMBER] | Judge [NAME]

DEFENDANT'S MOTION TO DISMISS

[Optional, if hearing requested: HEARING REQUESTED]

Attach or include the current Judicial Council approved bilingual Notice to Responding Party as Rule 7(c)(3) requires. Rule 7(c)(2) requires the bold caution above at the top right of the first page of a dispositive motion. The supporting memorandum below is part of this motion under Rule 7(c)(6).

Defendant moves under Utah R. Civ. P. 12(b)([selected grounds]) to dismiss [identify pleading or counts]. The requested relief and supporting grounds are stated below. Use only grounds supported by this case's facts and verified authority.

Relief requested and grounds

• ☐ Rule 12(b)(1): lack of subject-matter jurisdiction — [specific authority and basis].
• ☐ Rule 12(b)(2): lack of personal jurisdiction — [specific authority and basis].
• ☐ Rule 12(b)(3): improper venue — [specific authority and proper forum].
• ☐ Rule 12(b)(4): insufficient process — [specific defect].
• ☐ Rule 12(b)(5): insufficient service of process — [specific defect].
• ☐ Rule 12(b)(6): failure to state a claim — [claim and missing legal basis].
• ☐ Rule 12(b)(7): failure to join an indispensable party — [party and basis].

Defendant requests [dismiss specific claims or the action, with or without prejudice as supported by the selected ground / other specific relief]. A jurisdictional or service ground does not itself support a blanket dismissal with prejudice.

Supporting memorandum

Procedural posture and facts

1. Plaintiff filed [pleading] on [date], asserting [claims].
2. Defendant was served on [date] [within/outside Utah] by [method]. The applicable response deadline is [date]. Rule 12(a)(1) generally allows 21 days after in-state service and 30 days after out-of-state service, unless statute or court order provides otherwise.
3. Relevant allegations or record facts, with paragraph or exhibit references: [facts].

Legal authority and argument

Ground [number]: [name]. [State the controlling Utah rule, statute, or case with a verified citation.] [Identify the pleaded facts or other materials that may be considered for this ground.] [Explain why the selected ground warrants the requested disposition for each challenged claim.]

[Repeat separately for each selected ground. Under Rule 12(b), if the court considers outside material on a failure-to-state-a-claim motion rather than excluding it, the motion is treated as one for summary judgment. Address that procedure before relying on outside facts.]

Request for hearing (optional)

☐ Defendant requests a hearing because [specific reason]. Rule 7(h) requires a hearing request to be separately identified in the caption. The Court decides scheduling; fill in a hearing notice only after the Court sets a date. Under Rule 12(d), an enumerated defense must be heard and determined before trial on a party's application unless the Court defers it until trial.

Conclusion

Defendant asks the Court to [specific relief tied to each selected ground]. [Include a fee or cost request only with verified independent authority and the applicable procedure.]

Dated: [DATE]

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

Certificate of service

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

[Signature]

Separate request to submit for decision — file later

Use after briefing is complete or the time for briefing has expired. Rule 7(g) says the motion will not be submitted for decision unless a party files this request.

IN THE [DISTRICT] DISTRICT COURT, [COUNTY] COUNTY, UTAH
[PLAINTIFF] v. [DEFENDANT] — Case No. [NUMBER]

REQUEST TO SUBMIT MOTION TO DISMISS FOR DECISION

Briefing is complete or its time has expired. Under Rule 7(g), [party] requests submission of the motion for decision. The motion was filed [date]; opposition [date/none]; reply [date/none]; response to objections in reply [date/none]. A hearing [was/was not] requested.

Dated: [DATE] | [SIGNATURE AND SERVICE RECORD]

Proposed order — file only when Rule 7 permits

Rule 7(j)(6) generally bars filing this order with the opening motion, memorandum, or request to submit. Its listed exceptions include a stipulated motion, a motion the Court can act on without a response, an ex parte motion, and a request to submit when no opposition was filed. If the Court later directs a party to prepare an order reflecting its decision, follow Rule 7(j)(2)-(5).

IN THE [DISTRICT] DISTRICT COURT, [COUNTY] COUNTY, UTAH
[PLAINTIFF] v. [DEFENDANT] — Case No. [NUMBER]

ORDER ON DEFENDANT'S MOTION TO DISMISS

After considering the motion, briefing, and any hearing, the Court orders:

1. The motion is ☐ granted ☐ denied ☐ granted in part as to [claims or parties].
2. [State the specific ground, claims affected, and whether dismissal is with or without prejudice, based on the Court's decision.]
3. [Any other relief actually determined.]

Dated: [DATE] | District Court Judge: [SIGNATURE]

Filing checklist

• Rule 12(a)(1) changes the responsive-pleading period after a Rule 12 motion, unless the Court orders another time. A motion directed to fewer than all claims does not change the response deadline for the remaining claims. If the motion is denied or deferred, a responsive pleading is due within 14 days after notice of the Court's action unless the Court orders otherwise.
• Rule 12(g)-(h) governs consolidation and preservation of defenses. Check available defenses before filing the first Rule 12 motion.
• Under Rule 7(d)-(e), an opposition may be filed within 14 days after the motion; a reply may be filed within seven days after the opposition. Rule 7(q) sets 25 pages or 9,000 words for a Rule 12(b) motion and opposition, and 15 pages or 5,400 words for a reply, subject to its terms.
• File the request to submit at the proper time. File a proposed order only under a Rule 7(j) route.