IN THE IOWA DISTRICT COURT FOR [______] COUNTY
[PLAINTIFF NAME],
Plaintiff,
v. Case No. [__]
[DEFENDANT NAME],
Defendant.
DEFENDANT’S MOTION TO DISMISS AND INCORPORATED BRIEF IN SUPPORT
[// GUIDANCE: Replace all bracketed text with case-specific information. Attach any supporting exhibits as separate, consecutively-labeled documents (e.g., “Exhibit A – Contract”).]
Table of Contents
1. Introduction
2. Statement of Issues Presented
3. Procedural Posture
4. Applicable Standards
5. Argument
5.1 Lack of Subject-Matter Jurisdiction
5.2 Personal-Jurisdiction Defects
5.3 Failure to State a Claim Upon Which Relief Can Be Granted
5.4 Insufficiency of Service of Process (If Applicable)
6. Briefing Schedule & Oral-Argument Request
7. Conclusion & Prayer for Relief
8. Signature Block
9. Certificate of Service
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INTRODUCTION
Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves the Court, pursuant to Iowa R. Civ. P. 1.421(1) and 1.431, to dismiss the Petition filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety (or, alternatively, to dismiss the specific counts identified below). -
STATEMENT OF ISSUES PRESENTED
- Whether this Court lacks subject-matter jurisdiction over Plaintiff’s claims.
- Whether the Court lacks personal jurisdiction over Defendant.
- Whether Plaintiff’s Petition fails to state a claim upon which any relief can be granted under Iowa R. Civ. P. 1.421(1)(f).
- Whether service of process was insufficient under Iowa R. Civ. P. 1.302–.315.
[// GUIDANCE: Tailor the list of issues to the particular grounds you are asserting. Remove any inapplicable grounds.]
- PROCEDURAL POSTURE
- Plaintiff filed its Petition on [FILING DATE].
- Defendant was purportedly served on [SERVICE DATE].
- No substantive discovery has occurred.
-
This Motion is timely under Iowa R. Civ. P. 1.421(1) because it is being filed before Defendant’s responsive pleading is due.
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APPLICABLE STANDARDS
4.1 Motion-to-Dismiss Standard
Under Iowa R. Civ. P. 1.421(1), the Court must accept well-pleaded factual allegations as true but need not accept legal conclusions couched as factual allegations. A petition must contain “facts entitling the pleader to relief.” Conclusory assertions, unwarranted inferences, or mere recitations of the elements of a cause of action are insufficient.
4.2 Jurisdictional Challenges
The party asserting jurisdiction bears the burden of proof. When jurisdiction is challenged on the face of the pleadings, the Court may consider the petition and any attachments without converting the motion into a motion for summary judgment.
- ARGUMENT
5.1 Lack of Subject-Matter Jurisdiction — Iowa R. Civ. P. 1.421(1)(a)
[Insert specific statutory or constitutional bar, e.g., “Plaintiff’s claims fall within the exclusive jurisdiction of the Iowa Utilities Board under Iowa Code § 476.3.”]
5.2 Lack of Personal Jurisdiction — Iowa R. Civ. P. 1.421(1)(b)
[Explain why Defendant lacks minimum contacts with Iowa. Reference affidavits or declarations as needed.]
5.3 Failure to State a Claim — Iowa R. Civ. P. 1.421(1)(f)
A. Count I – Breach of Contract
1. Essential element missing: mutuality of obligation.
2. Petition fails to attach or sufficiently describe any enforceable contract.
B. Count II – Negligence
1. No cognizable duty alleged.
2. Economic-loss rule bars recovery in tort for purely contractual expectations.
[// GUIDANCE: For each count, list missing elements and cite controlling Iowa appellate precedent. Omit case citations if not 100 % certain; instead, describe holdings (“Iowa Supreme Court has consistently held …”).]
5.4 Insufficiency of Service of Process — Iowa R. Civ. P. 1.421(1)(d)
Service was attempted by ordinary mail without the required acknowledgment, contrary to Iowa R. Civ. P. 1.305(2).
- BRIEFING SCHEDULE & ORAL-ARGUMENT REQUEST
Pursuant to Iowa R. Civ. P. 1.431(4), any resistance must be filed within 10 days after service of this Motion. Defendant requests leave to file a reply memorandum within 7 days of any resistance. Defendant further requests oral argument of approximately 20 minutes per side.
[// GUIDANCE: Confirm local district-court rules. Some judicial districts require a separate “Request for Oral Argument” heading or may schedule hearings sua sponte.]
-
CONCLUSION & PRAYER FOR RELIEF
For the foregoing reasons, Defendant respectfully requests that the Court:
a. Dismiss Plaintiff’s Petition in its entirety with prejudice (or, in the alternative, dismiss Counts [__] with prejudice);
b. Award Defendant its costs as allowed by Iowa R. Civ. P. 1.602; and
c. Grant such other and further relief as the Court deems just and proper. -
SIGNATURE BLOCK
text
Dated: [DATE]
Respectfully submitted,
[ATTORNEY NAME] AT000[_]
[Law Firm Name]
[Address]
[City], Iowa [ZIP]
Telephone: () -_
Facsimile: () -____
Email: [email address]
ATTORNEY FOR DEFENDANT
9. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of ____, 20__, I electronically filed the foregoing Motion to Dismiss with the Clerk of Court using the Iowa Judicial Branch Electronic Document Management System, which will send notification of such filing to all registered counsel of record.
[ATTORNEY NAME]
[// GUIDANCE: If a party is not registered for electronic service, add a paragraph describing service by mail or personal delivery in compliance with Iowa R. Civ. P. 1.442.]
Additional Drafting Notes
• Verify that no affirmative defenses are waived by bringing this motion (see Iowa R. Civ. P. 1.421(1) & (2)).
• If jurisdictional facts are disputed, consider submitting supporting affidavits under Iowa R. Civ. P. 1.431(6).
• If partial dismissal is sought, consider filing a concurrent motion for more definite statement under Iowa R. Civ. P. 1.433.
• Adapt the Certificate of Service to reflect any non-EDMS service requirements (e.g., pro se parties).
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