DISTRICT COURT, [COUNTY] COUNTY, COLORADO

[Street Address]
[City, State ZIP]

Plaintiff: [PLAINTIFF NAME]
v.
Defendant: [DEFENDANT NAME]

Case No.: [XXXX-CV-XXXX]
Division: [DIVISION LETTER OR NUMBER]
Courtroom: [COURTROOM]

DEFENDANT [DEFENDANT NAME]’S MOTION TO DISMISS

(Pursuant to Colo. R. Civ. P. 12(b)[(1)/(2)/(5)] and C.R.C.P. 121 § 1-15)

[// GUIDANCE: Select and retain only the subsections of Rule 12(b) that apply (e.g., 12(b)(1) lack of subject-matter jurisdiction, 12(b)(2) lack of personal jurisdiction, 12(b)(5) failure to state a claim). Delete the rest.]

CERTIFICATE OF CONFERRAL

Pursuant to C.R.C.P. 121 § 1-15(8), undersigned counsel certifies that he/she conferred with counsel for Plaintiff regarding the relief requested herein. [Summarize outcome—e.g., “Plaintiff opposes this motion.”]

TABLE OF CONTENTS

1. Introduction.......................................................... [§ I]
2. Procedural Posture..................................................... [§ II]
3. Governing Legal Standards.............................................. [§ III]
4. Argument............................................................... [§ IV]
   4.1. Lack of Subject-Matter Jurisdiction (Rule 12(b)(1))............... [§ IV-A]
   4.2. Lack of Personal Jurisdiction (Rule 12(b)(2))..................... [§ IV-B]
   4.3. Failure to State a Claim (Rule 12(b)(5)).......................... [§ IV-C]
5. Request for Oral Argument.............................................. [§ V]
6. Conclusion & Relief Requested.......................................... [§ VI]
7. Proposed Order......................................................... [attached]
8. Certificate of Service................................................ [end]

[// GUIDANCE: Update pagination after finalizing.]

I. INTRODUCTION

Defendant [DEFENDANT NAME] respectfully moves this Court to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] under Colo. R. Civ. P. 12(b)[(1)/(2)/(5)] because [concise summary of fatal defect(s) in the pleading].

II. PROCEDURAL POSTURE

1. The Complaint was filed on [MM/DD/YYYY].
2. Defendant was served on [MM/DD/YYYY].
3. No responsive pleading has yet been filed; this Motion is therefore timely under C.R.C.P. 12(a).

III. GOVERNING LEGAL STANDARDS

A. Rule 12(b) Dismissal
Under Colo. R. Civ. P. 12(b), a complaint may be dismissed for, inter alia, lack of subject-matter jurisdiction (12(b)(1)), lack of personal jurisdiction (12(b)(2)), or failure to state a claim upon which relief can be granted (12(b)(5)).

B. Standard of Review
At the motion-to-dismiss stage, the Court accepts well-pleaded factual allegations as true but need not accept legal conclusions or conclusory statements. A plaintiff must plead facts that, if true, plausibly entitle it to relief.

[// GUIDANCE: Colorado courts track federal pleading principles but do not cite Twombly/Iqbal explicitly; avoid federal case citations unless necessary.]

IV. ARGUMENT

IV-A. The Court Lacks Subject-Matter Jurisdiction (Rule 12(b)(1))

1. [Explain jurisdictional bar—e.g., exclusive federal jurisdiction, statutory exhaustion requirements, amount-in-controversy threshold not met, governmental immunity, etc.]
2. Because jurisdiction is lacking, dismissal is mandatory.

IV-B. The Court Lacks Personal Jurisdiction Over Defendant (Rule 12(b)(2))

1. [Describe why Colorado’s long-arm statute, § 13-1-124, C.R.S., is not satisfied.]
2. [Explain due-process deficiency—no purposeful availment, no minimum contacts, etc.]
3. In the absence of personal jurisdiction, the action must be dismissed or, at minimum, transferred.

IV-C. The Complaint Fails to State Any Claim Upon Which Relief Can Be Granted (Rule 12(b)(5))

1. [Count I – identify pleading deficiency]
   a. [Element 1] – [allegation deficiency]
   b. [Element 2] – [allegation deficiency]
   c. [Element 3] – [allegation deficiency]
2. [Repeat for each count]
3. Because Plaintiff has not alleged facts that, if true, would establish the essential elements of any claim, dismissal is warranted.

[// GUIDANCE: Insert only as many subsections as needed. Use clear bulleting for each challenged element.]

V. REQUEST FOR ORAL ARGUMENT

Pursuant to C.R.C.P. 121 § 1-15(4), Defendant requests oral argument. Oral presentation will aid the Court because [brief explanation—e.g., “the jurisdictional issues involve complex statutory interpretation”]. If the Court declines to hear oral argument, Defendant requests ruling on the written submissions.

VI. CONCLUSION & RELIEF REQUESTED

WHEREFORE, Defendant [DEFENDANT NAME] respectfully requests that the Court:
1. Grant this Motion;
2. Dismiss Plaintiff’s Complaint [with prejudice / without prejudice]; and
3. Award such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.
text
[LAW FIRM NAME]
[Address] | [Phone] | [Email]

By: __________
[ATTORNEY NAME], # [Colorado Bar No.]
Attorney for Defendant

PROPOSED ORDER

(Separate Document — C.R.C.P. 121 § 1-20)

text
DISTRICT COURT, [COUNTY] COUNTY, COLORADO
Case No. [XXXX-CV-XXXX]

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

The Court, having reviewed Defendant’s Motion to Dismiss, any response and reply, and being fully advised, hereby ORDERS as follows:

1. Defendant’s Motion is GRANTED.
2. Plaintiff’s Complaint is DISMISSED [with prejudice / without prejudice].
3. Each party shall bear its own fees and costs [unless otherwise ordered].

SO ORDERED this ___ day of ____, 20__.

District Court Judge

CERTIFICATE OF SERVICE

I hereby certify that on [MM/DD/YYYY], a true and correct copy of the foregoing Defendant’s Motion to Dismiss was filed with the Court via Colorado Courts E-Filing and served on the following:

text
[Opposing Counsel Name] [via CCEF / email / mail]
[Law Firm]
[Address]

[ATTORNEY NAME]

[// GUIDANCE: Insert additional parties or pro se litigants as required. Confirm service method complies with C.R.C.P. 121 § 1-26.]

PRACTICAL NOTES

[// GUIDANCE:
• Deadline to respond: 21 days after service, C.R.C.P. 121 § 1-15(1)(c).
• Deadline for reply: 7 days after response.
• Attach pertinent exhibits (e.g., affidavits, jurisdictional facts) but avoid attaching materials that convert a 12(b)(5) motion into summary judgment unless you expressly request conversion under Rule 56.
• If asserting immunity (e.g., governmental or qualified), raise it here—failure may waive.
• Consider filing a separate motion to stay discovery pending resolution of the 12(b) motion (C.R.C.P. 26(c)).
]