State Court Motion to Dismiss

DEFENDANT'S MOTION TO DISMISS

(State of Arizona — Superior Court)

TABLE OF CONTENTS

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

4. Memorandum of Law in Support
   4.1 Introduction
   4.2 Procedural Posture
   4.3 Statement of Relevant Facts
   4.4 Legal Standards
   4.5 Argument

5. Request for Oral Argument

6. Conclusion and Requested Relief
7. Certificate of Compliance
8. Certificate of Service
9. Exhibit A — Proposed Order

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________]

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

DEFENDANT'S MOTION TO DISMISS
(Ariz. R. Civ. P. 12(b))
[ORAL ARGUMENT REQUESTED]

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, Arizona], 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 Ariz. 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]
[STATE BAR NO. ________________]
[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 Ariz. 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 Introduction

Defendant [Defendant Name] ("Defendant") respectfully moves this Court, pursuant to Ariz. R. Civ. P. 12(b)(1), 12(b)(5), and 12(b)(6), to dismiss the Complaint filed by Plaintiff [Plaintiff Name] ("Plaintiff") in its entirety. As set forth below, [concise summary of fatal defects].

4.2 Procedural Posture

1. Plaintiff filed the Complaint on [Date] asserting claims for [list claims].
2. A summons was issued on [Date].
3. Service was purportedly made on [Date], but the methods employed failed to comply with Ariz. R. Civ. P. 4.1 [or 4.2] as detailed below.
4. No substantive discovery has occurred, and no scheduling order has been entered.

4.3 Statement of Relevant Facts

4.4 Legal Standards

A. Motions to Dismiss Generally

A party may raise certain defenses by motion, including lack of jurisdiction, insufficiency of service, and failure to state a claim. Ariz. R. Civ. P. 12(b)(1), (5), (6). When evaluating a Rule 12(b)(6) motion, the Court accepts well-pleaded factual allegations as true but need not accept legal conclusions or unwarranted inferences. Jurisdictional challenges under Rule 12(b)(1) may rely on matters outside the pleadings without converting the motion into one for summary judgment.

B. Briefing Schedule

Pursuant to Ariz. R. Civ. P. 7.1(a)(2), any response is due within 10 court days after service of this Motion; any reply is due 5 court days thereafter. No party may file supplemental authority without leave of Court. Ariz. R. Civ. P. 7.1(f).

C. Oral Argument

Under Ariz. R. Civ. P. 7.2(f), oral argument is within the Court's discretion. Defendant requests oral argument because it will aid the Court in addressing the jurisdictional issues and clarifying the Complaint's defects.

4.5 Argument

A. [First Ground for Dismissal — e.g., The Court Lacks Subject-Matter Jurisdiction (Rule 12(b)(1))]

B. [Second Ground for Dismissal — e.g., Plaintiff Failed to State a Claim (Rule 12(b)(6))]

1. Claim One — [Name of Claim]
   a. Essential elements: [________________]
   b. Pleading deficiencies: [________________]

2. Claim Two — [Name of Claim]
   [________________]

C. [Third Ground for Dismissal — e.g., Service of Process Was Insufficient (Rule 12(b)(5))]

5. REQUEST FOR ORAL ARGUMENT

Defendant believes oral argument will assist the Court and therefore requests it pursuant to Ariz. R. Civ. P. 7.2(f).

6. CONCLUSION AND REQUESTED RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Complaint in its entirety with prejudice;
2. Award Defendant its costs incurred herein pursuant to A.R.S. § 12-341; and
3. Grant such other and further relief as the Court deems just and proper.

7. CERTIFICATE OF COMPLIANCE

This Motion contains [________________] words, excluding caption, tables, signature blocks, and certificates, and does not exceed the limits set forth in Ariz. R. Civ. P. 7.1(a)(3).

8. CERTIFICATE OF SERVICE

I hereby certify that on [Date], I electronically filed the foregoing Motion with the Clerk of the Court using the [e-filing system] and served a copy via [mode of service] on:

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

______________________________
[Attorney Name]
[State Bar No. ________________]

EXHIBIT A — PROPOSED ORDER

(Submit as a separate, single-page document per local practice.)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________]

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

The Court, having considered Defendant [Defendant Name]'s Motion to Dismiss and any response and reply thereto, and good cause appearing,

IT IS ORDERED that the Motion is GRANTED.

1. The Complaint is DISMISSED [WITH / WITHOUT] PREJUDICE.
2. Defendant is awarded its taxable costs in an amount to be determined upon compliance with Ariz. R. Civ. P. 54(d).

IT IS FURTHER ORDERED [________________].

DATED this ______ day of ________________, 20____.

______________________________
Judge of the Superior Court