DEFENDANT’S STATE COURT MOTION TO DISMISS

State of Idaho – District Court
Template – For Attorney Customization and Filing

[// GUIDANCE: This template is drafted for use in any Idaho district court civil action. It complies with the Idaho Rules of Civil Procedure (“I.R.C.P.”) and incorporates standard local-rule briefing deadlines. Counsel MUST confirm there are no more-restrictive scheduling or page-limit rules in the assigned judicial district or in the individual judge’s scheduling order before filing.]

TABLE OF CONTENTS

1. Document Header & Caption
2. Notice of Motion and Motion
3. Memorandum in Support
   3.1 Introduction
   3.2 Background / Procedural Posture
   3.3 Applicable Legal Standards
   3.4 Argument
   3.5 Conclusion
4. Certificate of Service
5. [Optional] Proposed Order

1. DOCUMENT HEADER & CAPTION

[Insert Court’s Name, Judicial District, and County]
IN THE DISTRICT COURT OF THE _ JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _____

[PLAINTIFF’S FULL LEGAL NAME], Case No. ____
Plaintiff,

v.

[DEFENDANT’S FULL LEGAL NAME], DEFENDANT’S NOTICE OF
Defendant. MOTION AND MOTION TO
DISMISS COMPLAINT
(I.R.C.P. 12(b))

Assigned Judge: Hon. [NAME OF JUDGE]
Hearing Date: [MM/DD/YYYY] at [TIME]
Hearing Place: [Courthouse Address / Zoom Link]
Oral Argument: □ Requested □ Not Requested
[// GUIDANCE: Idaho courts normally require a separate “NOTICE OF HEARING” when oral argument is requested. The combined caption above satisfies that requirement in most districts, but confirm local practice.]

2. NOTICE OF MOTION AND MOTION

TO: [PLAINTIFF’S COUNSEL OF RECORD] AND TO THE ABOVE-ENTITLED COURT:

PLEASE TAKE NOTICE that on the date and at the time indicated in the caption,
Defendant [DEFENDANT NAME] (“Defendant”) will and hereby does move this Court,
pursuant to Idaho Rule of Civil Procedure 12(b), to dismiss the Complaint filed by
Plaintiff [PLAINTIFF NAME] (“Plaintiff”) on the following grounds:

1. Lack of subject-matter jurisdiction (I.R.C.P. 12(b)(1));
2. Lack of personal jurisdiction (I.R.C.P. 12(b)(2));
3. Improper venue (I.R.C.P. 12(b)(3));
4. Insufficient process or service of process (I.R.C.P. 12(b)(4)–(5));
5. Failure to state a claim upon which relief can be granted (I.R.C.P. 12(b)(6)); and
6. Any other ground the Court deems just and proper.

This Motion is based on the accompanying Memorandum in Support, the pleadings
and papers on file, any matters of which the Court may take judicial notice, and such
oral argument and additional evidence as may be presented at or before the hearing.
[// GUIDANCE: Check only the specific 12(b) grounds you intend to assert. Unchecked grounds can be deleted to avoid waiver confusion under I.R.C.P. 12(g)–(h).]

3. MEMORANDUM IN SUPPORT

3.1 Introduction

Defendant respectfully requests that the Court dismiss Plaintiff’s Complaint in its
entirety because the pleading fails to invoke this Court’s jurisdiction, is filed in an
improper venue, and, most critically, fails to state any cognizable claim under Idaho
law.

3.2 Background / Procedural Posture

[PLACEHOLDER – Insert concise statement of procedural history and the facts
relevant to the motion. All factual assertions outside the Complaint should be
supported by admissible affidavits or exhibits if the Motion raises matters under
I.R.C.P. 12(b)(1)–(3) or 12(b)(4)–(5).]

3.3 Applicable Legal Standards

1. Standard on Rule 12(b)(1) & (2) Motions – The plaintiff bears the burden of
   establishing jurisdiction. See I.R.C.P. 12(b)(1), (2).
2. Standard on Rule 12(b)(3) (Venue) – Venue challenges are resolved on the
   pleadings unless disputed facts require evidence.
3. Standard on Rule 12(b)(6) – A complaint must contain “a short and plain
   statement of the claim showing that the pleader is entitled to relief” and must
   set forth sufficient facts, accepted as true, to state a claim that is plausible on
   its face. I.R.C.P. 8(a)(2); 12(b)(6). Conclusory allegations are disregarded.

[// GUIDANCE: Do NOT cite federal Twombly/Iqbal unless Idaho appellate authority has expressly adopted it for state pleading standards.]

3.4 Argument

A. The Court Lacks Subject-Matter Jurisdiction (I.R.C.P. 12(b)(1))
1. [Explain statutory jurisdictional deficiency – e.g., amount in controversy,
exclusive agency jurisdiction, failure to exhaust administrative remedies.]

B. The Court Lacks Personal Jurisdiction Over Defendant (I.R.C.P. 12(b)(2))
1. Idaho’s long-arm statute, I.C. § 5-514, requires minimum contacts.
2. Plaintiff cannot establish purposeful availment or relatedness.

C. Venue Is Improper (I.R.C.P. 12(b)(3))
1. The events giving rise to the claim occurred in [OTHER COUNTY/STATE].
2. Transfer rather than dismissal is inappropriate only if venue is merely
inconvenient; here, statutory venue is wholly lacking.

D. The Complaint Fails to State a Claim (I.R.C.P. 12(b)(6))
1. Count I – Breach of Contract
a. No contract is pleaded with requisite certainty.
b. Statute of Frauds bars oral agreement (I.C. § 9-505).
2. Count II – [Other Claim]
a. Elements not sufficiently alleged.

E. Alternative Relief – Partial Dismissal or More Definite Statement
Should the Court decline to dismiss the entire action, Defendant requests that
the Court strike unsupported claims or order Plaintiff to provide a more
definite statement under I.R.C.P. 12(e).

3.5 Conclusion

For the foregoing reasons, Defendant respectfully requests that the Court grant this
Motion and dismiss Plaintiff’s Complaint with prejudice, or such other relief as the
Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

DATED: ___ ____
[ATTORNEY NAME], ISB No.
[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: () -_
Email: [email address]
Attorney for Defendant

4. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the ___ day of ____, 20__, I electronically filed
the foregoing DEFENDANT’S MOTION TO DISMISS with the Clerk of the Court
using the iCourt E-Filing system, which served a true and correct copy upon the
following:

[PLAINTIFF’S COUNSEL NAME]
[Firm Name]
[Email Address]

[ATTORNEY NAME]
[// GUIDANCE: Idaho Rule of Electronic Filing and Service 9 requires electronic
service via iCourt on registered users. Serve non-registered parties by traditional
means and describe service method herein.]

5. [OPTIONAL] PROPOSED ORDER

IN THE DISTRICT COURT OF THE _ JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _____

[PLAINTIFF],
Plaintiff, Case No. ___

v. ORDER GRANTING
DEFENDANT’S MOTION
[DEFENDANT], TO DISMISS

Defendant.

The Court, having reviewed Defendant’s Motion to Dismiss, the parties’ briefing,
and being fully advised in the premises, hereby ORDERS:

1. Defendant’s Motion to Dismiss is GRANTED.
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.
3. [Optional] Defendant is awarded costs in an amount to be determined
   pursuant to I.R.C.P. 54(d).

IT IS SO ORDERED.

DATED: ___ ____
DISTRICT JUDGE

KEY IDAHO PROCEDURAL NOTES

1. Briefing Schedule (I.R.C.P. 7(b)(3))
   • Motion & supporting brief filed ≥14 days before hearing.
   • Opposition due ≥7 days before hearing.
   • Reply due ≥2 days before hearing.

2. Page Limits
   • State-wide limit: 25 pages for principal briefs; 10 pages for replies, absent
   leave of court. Confirm local rules for stricter limits.

3. Oral Argument
   • The court may set oral argument or decide on the pleadings. Always state
   whether argument is requested (I.R.C.P. 7(b)(6)).

4. Evidentiary Support
   • Rule 12(b)(6) motions are limited to the pleadings. Affidavits can convert the motion to summary judgment (I.R.C.P. 12(d)).
   • Jurisdictional or venue challenges may rely on extrinsic evidence.

5. Consolidation & Waiver
   • Under I.R.C.P. 12(g)–(h), certain defenses are waived if not raised in the first
   responsive pleading. Carefully list all applicable 12(b) grounds.

[// GUIDANCE: Before filing, verify the current text of the Idaho Rules of Civil Procedure and any standing orders of the assigned judge. Adjust citations, deadlines, and formatting to conform to local practice requirements.]