STATE OF CONNECTICUT

SUPERIOR COURT

JUDICIAL DISTRICT OF [COUNTY] AT [COURTHOUSE]

DOCKET NO.: [CV-XX-XXXXXXX-S]

RETURN DATE: [MM/DD/YYYY]

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

DEFENDANT’S MOTION TO DISMISS

(pursuant to Conn. Practice Book §§ 10-30–10-33)

[// GUIDANCE: Insert additional caption lines if multiple parties.]

NOTICE

To: [Plaintiff’s Counsel of Record & Address]

PLEASE TAKE NOTICE that the undersigned, on behalf of Defendant [DEFENDANT NAME] (“Defendant”), will seek placement of this Motion on the first available Short Calendar for arguable matters in accordance with Conn. Practice Book §§ 11-10 and 11-14. Pursuant to § 11-18, Defendant requests oral argument.

I. MOTION

Defendant respectfully moves this Court to dismiss the Complaint in its entirety on the following ground(s) enumerated in Conn. Practice Book § 10-30(a):

1. Lack of subject-matter jurisdiction;
2. Lack of personal jurisdiction;
3. Insufficient process; and/or
4. Insufficient service of process.

As required by Conn. Practice Book § 10-31, this Motion is accompanied by:
(a) a Memorandum of Law;
(b) the Affidavit of [NAME], dated [DATE] (Ex. A); and
(c) certified copies of [describe exhibits] (Exs. B-__).

WHEREFORE, Defendant prays that the Court:
A. Dismiss the Complaint with prejudice;
B. Award costs as permitted by law; and
C. Grant such other and further relief as is just and proper.

II. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

Table of Contents

1. Introduction ............................................................. 2
2. Factual & Procedural Background ....................................... 2
3. Legal Standard ........................................................... 3
4. Argument ................................................................ 4
    4.1 Lack of Subject-Matter Jurisdiction ............................... 4
    4.2 Lack of Personal Jurisdiction ...................................... 6
    4.3 Insufficient Process .................................................. 8
    4.4 Insufficient Service of Process .................................... 9
5. Conclusion ................................................................. 10

1. Introduction

[Concise statement of relief sought and summary of grounds.]

2. Factual & Procedural Background

[BRIEF, non-argumentative chronology of events, return date, service attempts, etc.]

3. Legal Standard

Under Conn. Practice Book §§ 10-30–10-33, 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 defect; once satisfied, dismissal is mandatory.

4. Argument

4.1 Lack of Subject-Matter Jurisdiction

[// GUIDANCE: Use this subsection only if applicable.]
1. Connecticut courts are courts of limited jurisdiction; subject-matter jurisdiction cannot be conferred by consent.
2. [Explain statutory bar, sovereign immunity, exhaustion requirement, etc.]
3. Because the prerequisite [identify] is absent, the Court lacks authority to hear the case.

4.2 Lack of Personal Jurisdiction

1. Service under Conn. Gen. Stat. § 52-57 ____ was not accomplished.
2. Minimum-contacts analysis under the Due Process Clause demonstrates no purposeful availment.
3. The exercise of jurisdiction would offend traditional notions of fair play and substantial justice.

4.3 Insufficient Process

[Explain facial deficiency in Summons or Complaint—e.g., improper form, missing return date.]

4.4 Insufficient Service of Process

[Identify defect: e.g., marshal failed to leave true and attested copy; service outside statutory timeframe.]

5. Conclusion

For the foregoing reasons, and those stated in the accompanying Affidavit and exhibits, Defendant respectfully requests that the Court grant this Motion and dismiss the Complaint in its entirety.

III. REQUEST FOR ORAL ARGUMENT

Pursuant to Conn. Practice Book § 11-18(a), Defendant believes oral argument will assist the Court and therefore affirmatively requests it.

IV. PROPOSED ORDER

text
ORDER

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, date]

V. AFFIDAVIT OF [NAME]

[Attach if jurisdictional facts are outside the pleadings.]
text
STATE OF CONNECTICUT )
           ) ss: [TOWN]
COUNTY OF [_____] )

I, [NAME], 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: ____

VI. 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. Practice Book § 10-12 to all counsel and self-represented parties of record as follows:

• [Name, address, e-service email / fax]
• [Add additional parties as needed]

[ATTORNEY NAME] (Juris No. __)
[Law Firm]
[Street Address]
[City, State ZIP]
Tel: [(###) ###-####]
Email: [__]
Counsel for Defendant

[// GUIDANCE:
1. Filing Deadline – Except for subject-matter jurisdiction challenges, any ground listed in § 10-30(a) must be raised within 30 days of the return date or it is waived (§ 10-30(b), § 10-32).
2. Short Calendar – After filing, contact the Clerk to confirm placement; file “Short Calendar Reply” markings before the Thursday deadline per § 11-14.
3. Evidence – Attach affidavits/exhibits for factual challenges (e.g., service defects). If challenging only facial sufficiency, the Court considers the pleadings and judicial notice materials.
4. Hybrid Grounds – If you intend also to seek failure to state a claim, file a separate Motion to Strike under § 10-39; do not combine with a Motion to Dismiss.
5. Multiple Defendants – Each defendant must individually assert jurisdictional defenses or risk waiver.
6. Electronic Filing – All civil filings in Connecticut Superior Court must be e-filed through E-Services unless exempt. Verify envelope labeling and sequence numbers before submission.
7. Proposed Order – Some judges prefer a stand-alone PDF upload. Check local standing orders.
]