IN THE CIRCUIT COURT OF [____] COUNTY, ALABAMA
[PLAINTIFF NAME],
Plaintiff,

v. Case No. [______]

[DEFENDANT NAME],
Defendant.

DEFENDANT’S RULE 12(b) MOTION TO DISMISS

[// GUIDANCE: Replace bracketed placeholders with case-specific information. Confirm caption format with the clerk or local rules for your county.]

TABLE OF CONTENTS

1. Introduction ............................................................. 1
2. Statement of Proceedings and Relevant Facts .............................. 1
3. Legal Standards .......................................................... 2
4. Argument .................................................................. 3
   4.1 Failure to State a Claim — Ala. R. Civ. P. 12(b)(6) ................... 3
   4.2 [Additional Ground, e.g., Lack of Personal Jurisdiction] .............. 4
5. Request for Oral Argument (If Applicable) ................................ 5
6. Conclusion & Prayer for Relief ........................................... 5
7. Certificate of Service ................................................... 6
   Exhibit A – Proposed Order .................................................. 7

1. Introduction

Defendant [DEFENDANT NAME] (“Defendant”), pursuant to Rule 12(b) of the Alabama Rules of Civil Procedure (“Ala. R. Civ. P.”), respectfully moves this Court to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety for the reasons set forth below.

2. Statement of Proceedings and Relevant Facts

[// GUIDANCE: Briefly outline the procedural posture (e.g., date of filing, service, any pending motions) and the essential factual allegations, limiting detail to what is necessary for the motion.]

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. [FACT 1]
   b. [FACT 2]
   c. [FACT 3]

3. Legal Standards

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.

[// GUIDANCE: Alabama courts generally follow federal plausibility standards; avoid case citations unless you are certain. If citing, verify accuracy and compliance with local citation rules.]

4. Argument

4.1 The Complaint Fails to State a Claim (Ala. R. Civ. P. 12(b)(6))

1. The elements of Plaintiff’s claim for [CAUSE OF ACTION] are:
   a. [Element 1];
   b. [Element 2]; and
   c. [Element 3].
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. [Explain deficiency];
   b. [Explain any affirmative defense apparent on face of complaint, e.g., statute of limitations].
4. Accordingly, dismissal with prejudice is warranted.

4.2 [Optional Additional Ground — e.g., Lack of Personal Jurisdiction (Ala. R. Civ. P. 12(b)(2))]

[// GUIDANCE: Insert only those additional Rule 12(b) defenses that apply. Each ground must be stated with specificity, supported by record citations (complaint, affidavits) where appropriate.]

5. Request for Oral Argument (If Applicable)

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

[// GUIDANCE: Confirm whether your county requires a separate notice of hearing and coordinate available dates with the judge’s judicial assistant.]

6. Conclusion & Prayer for Relief

For the foregoing reasons, 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.

Respectfully submitted this ___ day of ____, 20__.

/s/ [ATTORNEY NAME]
[ATTORNEY NAME] (ASB–_–)
[LAW FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Counsel for Defendant [DEFENDANT NAME]

7. Certificate of Service

I certify that on the ___ day of ____, 20__, I electronically filed and/or served a copy of the foregoing Motion to Dismiss on the following counsel/parties of record:

[RECIPIENT NAME & ADDRESS]
[RECIPIENT NAME & ADDRESS]

/s/ [ATTORNEY NAME]
Of Counsel

Exhibit A

PROPOSED ORDER GRANTING MOTION TO DISMISS

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

[// GUIDANCE:
1. Briefing Schedule – Unless otherwise ordered, Ala. R. Civ. P. Rule 59.1 90-day default does not apply to motions under Rule 12(b); however, many Alabama judges issue standing orders setting a 14- or 21-day response period. Insert a proposed briefing schedule in the motion or in a separate proposed order if local rules require.
2. Oral Argument – Check Local Rules and any “Administrative Order” of your judge. If oral argument is not automatically set, file a separate Request for Hearing or include the request in the motion (as provided above).
3. Formatting – Confirm margin, font, and page-limit requirements in your county’s Local Rules. Jefferson and Mobile Counties, for example, impose specific font sizes and do not permit footnote text smaller than body text.
4. E-Filing – Alabama’s “AlaFile” system requires PDF uploads; maintain original, wet-ink signatures or comply with Ala. R. Jud. Admin. 14 (scanned signatures acceptable).
5. Exhibits – If factual materials (affidavits, contracts) are necessary for a Rule 12(b)(2), (3), or (7) motion, attach them with an index and reference each by exhibit letter.
6. Preservation of Defenses – Raising a Rule 12(b) defense by motion preserves it; omitting it may waive the defense under Rule 12(h). Ensure all available Rule 12(b)(1)–(7) grounds are included or expressly reserved.]