State Court Motion to Dismiss

DEFENDANT'S MOTION TO DISMISS

(State of Alabama — Circuit Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion to Dismiss

4. Memorandum of Law in Support
   4.1 Statement of Proceedings and Relevant Facts
   4.2 Legal Standards
   4.3 Argument

5. Request for Oral Argument

6. Conclusion and Prayer for Relief
7. Certificate of Service
8. Exhibit A — Proposed Order

1. CAPTION

IN THE CIRCUIT COURT OF [________________] COUNTY, ALABAMA

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [Hearing Date] at [Hearing Time], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, Alabama], before the Honorable [Judge Name], Defendant [Defendant Name] ("Defendant") will, and hereby does, move this Court for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff") pursuant to Ala. R. Civ. P. 12(b), on the following grounds:

1. Lack of subject-matter jurisdiction (Rule 12(b)(1));
2. Lack of personal jurisdiction (Rule 12(b)(2));
3. Improper venue (Rule 12(b)(3));
4. Insufficiency of process (Rule 12(b)(4));
5. Insufficiency of service of process (Rule 12(b)(5));
6. Failure to state a claim upon which relief can be granted (Rule 12(b)(6)); and/or
7. Failure to join a party under Rule 19 (Rule 12(b)(7)).

The motion is based on this Notice, the accompanying Memorandum of Law, the pleadings and records on file in this action, and any further evidence or argument that may be presented at or before the hearing.

DATED: [________________]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[ASB-________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Defendant [Defendant Name]

3. MOTION TO DISMISS

Defendant [Defendant Name] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Ala. R. Civ. P. 12(b)([________________]) for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff"). In support of this Motion, Defendant relies upon the accompanying Memorandum of Law filed herewith.

4. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

4.1 Statement of Proceedings and Relevant Facts

1. Plaintiff filed the Complaint on [Date] asserting claims for [list claims].
2. Defendant was served on [Date] and now timely brings this Motion prior to filing any responsive pleading.
3. The Complaint's factual allegations, taken as true solely for purposes of this Motion, are summarized as follows:
   a. [________________]
   b. [________________]
   c. [________________]

4.2 Legal Standards

Rule 12(b)(1) — Lack of Subject-Matter Jurisdiction

The burden rests with Plaintiff to establish that the Court has subject-matter jurisdiction over the claims. Alabama circuit courts are courts of general jurisdiction but lack authority over matters committed exclusively to other forums.

Rule 12(b)(2) — Lack of Personal Jurisdiction

Plaintiff bears the burden of establishing personal jurisdiction. The Court must determine whether there is a statutory basis for jurisdiction under Alabama's long-arm rule, Ala. R. Civ. P. 4.2(b), and whether the exercise of jurisdiction comports with due process.

Rule 12(b)(6) — Failure to State a Claim

A motion to dismiss under Ala. R. Civ. P. 12(b)(6) tests the legal sufficiency of the pleadings. A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief" (Ala. R. Civ. P. 8(a)). Conclusory allegations unsupported by specific facts are insufficient. The Court accepts well-pleaded factual allegations as true but need not accept legal conclusions or unwarranted inferences.

4.3 Argument

A. [First Ground for Dismissal — e.g., Failure to State a Claim (Ala. R. Civ. P. 12(b)(6))]

1. The elements of Plaintiff's claim for [cause of action] are:
   a. [________________];
   b. [________________]; and
   c. [________________].

2. Plaintiff's pleading omits factual allegations establishing element(s) [________________].

3. Even accepting Plaintiff's allegations as true, the facts do not plausibly suggest entitlement to relief because:
   a. [________________];
   b. [________________].

4. Accordingly, dismissal with prejudice is warranted.

B. [Second Ground for Dismissal — if applicable]

C. [Third Ground for Dismissal — if applicable]

5. REQUEST FOR ORAL ARGUMENT

Pursuant to Ala. R. Civ. P. 78 and Local Rule [________________], Defendant requests oral argument on this Motion. Oral argument will aid the Court because [brief reason].

6. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Grant this Motion and dismiss the Complaint in its entirety with prejudice;
2. Tax all costs against Plaintiff; and
3. Award such other and further relief as the Court deems just and proper.

7. CERTIFICATE OF SERVICE

I hereby certify that on [Date], a copy of the foregoing Motion to Dismiss and all accompanying papers was served via [AlaFile e-service / hand delivery / first-class mail] upon the following counsel of record:

[Opposing Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]
[Email]

______________________________
[Attorney Name]
[ASB-________________]

EXHIBIT A — PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________] COUNTY, ALABAMA

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

ORDER GRANTING DEFENDANT'S RULE 12(b) MOTION TO DISMISS

Upon consideration of Defendant's Rule 12(b) Motion to Dismiss, any opposition thereto, and the arguments of counsel, the Court finds the Motion is due to be GRANTED. It is therefore ORDERED:

1. The Complaint is DISMISSED WITH PREJUDICE.
2. Costs are taxed to Plaintiff.
3. The Clerk is directed to CLOSE the case.

DONE and ORDERED this ______ day of ________________, 20____.

______________________________
Circuit Judge