State Court Motion to Dismiss - Connecticut

DEFENDANT'S MOTION TO DISMISS

(State of Connecticut — 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 Factual and Procedural Background
   4.3 Legal Standard
   4.4 Argument

5. Request for Oral Argument

6. Conclusion
7. Proposed Order
8. Affidavit (if applicable)
9. Certification of Service

1. CAPTION

STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF [________________] AT [________________]

Docket No.: [________________]
Return Date: [________________]

Short Calendar Date: [________________]
Short Calendar Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]
Courthouse: [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that the undersigned, on behalf of Defendant [Defendant Name] ("Defendant"), has filed the following Motion to Dismiss and will seek placement of this Motion on the Short Calendar for arguable matters in accordance with Conn. Prac. Bk. §§ 11-13 and 11-14. The Motion will be heard on the Short Calendar of [Short Calendar Date] at [Short Calendar Time], or as soon thereafter as counsel may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, Connecticut], before the Honorable [Judge Name].

Defendant moves this Court for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff") pursuant to Conn. Prac. Bk. § 10-30(a), on the following grounds — which are the only grounds Practice Book § 10-30(a) currently enumerates (Connecticut does not recognize "failure to state a claim," "improper venue," or a catch-all "other grounds" as § 10-30(a) grounds):

1. Lack of subject-matter jurisdiction (§ 10-30(a)(1));
2. Lack of personal jurisdiction (§ 10-30(a)(2));
3. Insufficient process (§ 10-30(a)(3)); and/or
4. Insufficient service of process (§ 10-30(a)(4)).

The motion is based on this Notice, the accompanying Memorandum of Law, any supporting affidavits, 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]
[JURIS 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 Conn. Prac. Bk. § 10-30(a) 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 and any supporting affidavits filed herewith.

As required by Conn. Prac. Bk. § 10-30(c), this Motion is filed with a supporting Memorandum of Law. If facts supporting dismissal are not apparent on the record, attach an appropriate supporting affidavit and any necessary exhibits:

☐ Affidavit of [________________], dated [________________] (Exhibit A)
☐ Supporting records or other exhibits: [________________] (Exhibits [____] through [____])
☐ No affidavit is required because the relevant facts appear on the record

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

4.1 Introduction

4.2 Factual and Procedural Background

Plaintiff filed the Complaint on [Date], asserting claims for [briefly describe claims]. The return date is [Date]. Defendant filed an appearance on [Date]. This Motion is timely filed within 30 days of Defendant's appearance pursuant to Conn. Prac. Bk. § 10-30(b).

4.3 Legal Standard

Under Conn. Prac. Bk. §§ 10-30 through 10-33, a motion to dismiss tests whether, on the face of the record, the court lacks jurisdiction or process is defective. The movant bears the burden of demonstrating the jurisdictional or process defect. Once the movant satisfies this burden, dismissal is mandatory.

Lack of Subject-Matter Jurisdiction (§ 10-30(a)(1))
Subject-matter jurisdiction involves the authority of the court to adjudicate the type of controversy presented. It cannot be created by consent or waiver and may be raised at any time.

Lack of Personal Jurisdiction (§ 10-30(a)(2))
Personal jurisdiction depends on proper service of process and sufficient minimum contacts with Connecticut. The plaintiff bears the burden of proving facts establishing personal jurisdiction. Connecticut's long-arm statute for nonresident individuals, foreign partnerships, and voluntary associations, Conn. Gen. Stat. § 52-59b, governs the reach of Connecticut courts over non-resident defendants; a foreign corporation's amenability to suit is analyzed separately under Conn. Gen. Stat. § 33-929(f).

Insufficient Process / Service of Process (§ 10-30(a)(3)–(4))
Service must comply with Conn. Gen. Stat. §§ 52-57 through 52-59b, which govern the manner of service upon individuals, corporations, partnerships, and voluntary associations. Strict compliance with statutory service requirements is necessary; substantial compliance may be insufficient.

4.4 Argument

A. [First Ground for Dismissal]

B. [Second Ground for Dismissal]

C. [Third Ground for Dismissal — if applicable]

5. REQUEST FOR ORAL ARGUMENT

Pursuant to Conn. Prac. Bk. § 11-18(a), Defendant respectfully requests oral argument on this Motion. Motions to dismiss are arguable as of right, provided the motion is marked "ready" per the short-calendar procedure or this notice of intent to argue is timely filed as required by § 11-18(a)(1)-(2), and Defendant believes oral presentation will assist the Court in resolving the jurisdictional issues set forth herein.

6. CONCLUSION

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Complaint in its entirety with prejudice;
2. Award Defendant costs as permitted by law; and
3. Grant such other and further relief as the Court deems just and proper.

7. PROPOSED ORDER

STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF [________________] AT [________________]

Docket No.: [________________]

ORDER ON DEFENDANT'S MOTION TO DISMISS

The foregoing Motion to Dismiss having been considered, it is hereby ORDERED:

☐ GRANTED. The Complaint is dismissed in its entirety.
☐ DENIED.

BY THE COURT:

______________________________
[Judge Name], [Date]

8. AFFIDAVIT OF [________________]

(Attach if jurisdictional facts are outside the pleadings — Conn. Prac. Bk. § 10-30(c))

STATE OF CONNECTICUT
ss: [________________]
COUNTY OF [________________]

I, [________________], being duly sworn, depose and state as follows:

1. I am [title/role] of [Defendant].
2. [Set forth facts supporting the ground(s) for dismissal.]
3. The foregoing is true to the best of my knowledge and belief.

______________________________
[NAME]

Subscribed and sworn before me this ______ day of ________________, 20____.

______________________________
Notary Public / Commissioner of the Superior Court
My Commission Expires: [________________]

9. CERTIFICATION OF SERVICE

I hereby certify that on [Date], a copy of the foregoing Motion to Dismiss, Memorandum of Law, Affidavit, and Proposed Order was delivered in accordance with Conn. Prac. Bk. §§ 10-12 through 10-17 to all counsel and self-represented parties of record as follows:

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

______________________________
[Attorney Name]
[Juris No. ________________]