IN THE [INSERT NAME OF COURT] COURT

[INSERT COUNTY] COUNTY, INDIANA

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

Cause No. [______]

DEFENDANT’S MOTION TO DISMISS

(Pursuant to Indiana Trial Rule 12(B)[(1)/(2)/(3)/(6)]¹)

[// GUIDANCE: List every specific subsection relied upon—e.g., lack of subject-matter jurisdiction (12(B)(1)), lack of personal jurisdiction (12(B)(2)), insufficiency of process (12(B)(4)), failure to state a claim (12(B)(6)), etc. Delete inapplicable grounds.]

TABLE OF CONTENTS

1. Motion .................................................................................................. 2
2. Supporting Memorandum of Law ...................................................... 3
     2.1 Introduction ............................................................................. 3
     2.2 Procedural Posture .................................................................. 3
     2.3 Applicable Legal Standard .................................................... 4
     2.4 Argument ................................................................................ 5
       2.4.1 Ground One – [_] .................................... 5
       2.4.2 Ground Two – [_] .................................... 6
     2.5 Request for Oral Argument .................................................... 7
3. Conclusion & Prayer for Relief ........................................................... 7
4. Certificate of Service ............................................................................. 8
5. Proposed Order (Attachment A) ......................................................... 9

1. MOTION

Defendant [DEFENDANT NAME] (“Defendant”), by counsel and pursuant to Indiana Trial Rule 12(B)[(1)/(2)/(3)/(6)], respectfully moves the Court to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”). In support of this Motion, Defendant states as follows and incorporates the accompanying Memorandum of Law.

WHEREFORE, Defendant prays that the Court:

a. Grant this Motion and dismiss Plaintiff’s Complaint in its entirety with prejudice / without prejudice;
b. Award Defendant its costs and all other just and proper relief.

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME] (#__)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

2. SUPPORTING MEMORANDUM OF LAW

2.1 Introduction

[Brief, high-level synopsis (1–2 paragraphs) explaining why dismissal is warranted.]

2.2 Procedural Posture

1. Plaintiff filed the Complaint on [DATE].
2. Defendant was served on [DATE].
3. No responsive pleading has previously been filed; this Motion is therefore timely under Indiana Trial Rule 12(B) and Trial Rule 6(C).²

2.3 Applicable Legal Standard

Under Indiana Trial Rule 12(B)[X], the Court must [describe standard briefly]. A complaint should be dismissed when “it is clear on the face of the pleading that the claimant is not entitled to relief.”³ All well-pleaded facts are accepted as true, but conclusory statements are disregarded.

[// GUIDANCE: Omit case citations unless absolutely essential and certain; rely on the rule-based standard where possible.]

2.4 Argument

2.4.1 Ground One – [e.g., Failure to State a Claim (TR 12(B)(6))]

1. The Complaint alleges [summary].
2. Indiana law requires [essential element].
3. Plaintiff fails to plead facts establishing [missing element].
4. Because essential elements are absent, dismissal under TR 12(B)(6) is mandatory.

2.4.2 Ground Two – [e.g., Lack of Personal Jurisdiction (TR 12(B)(2))]

1. Plaintiff bears the burden of establishing jurisdiction.
2. Defendant is [corporation organized in State X / individual residing in State X] and lacks minimum contacts with Indiana.
3. Exercising jurisdiction would violate due process; therefore the action must be dismissed under TR 12(B)(2).

[Add additional grounds as necessary, renumbering accordingly.]

2.5 Request for Oral Argument

Pursuant to Indiana Trial Rule 7(B) and Local Rule [INSERT], Defendant respectfully requests oral argument. Oral presentation will assist the Court in addressing the jurisdictional issues and may obviate the need for further proceedings.

3. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant respectfully requests that the Court:

1. Grant this Motion and dismiss the Complaint [with prejudice / without prejudice];
2. Tax costs against Plaintiff; and
3. Award all other relief the Court deems just and proper.

4. CERTIFICATE OF SERVICE

I certify that on [DATE], a true and correct copy of the foregoing was served via the Indiana E-Filing System upon all registered counsel of record and by [U.S. Mail / e-mail] to any party not yet registered, in accordance with Indiana Trial Rule 5(B).

[ATTORNEY NAME]

5. ATTACHMENT A – PROPOSED ORDER

text
STATE OF INDIANA ) IN THE [COURT] COURT
) SS: [COUNTY] COUNTY
COUNTY OF [______] )

CAUSE NO. [_____]

[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) ORDER ON DEFENDANT’S
) MOTION TO DISMISS
[DEFENDANT NAME], )
Defendant. )

The Court, having considered Defendant’s Motion to Dismiss, the briefs of the parties, and being duly advised in the premises, now finds that the Motion should be, and hereby is, GRANTED. Accordingly, Plaintiff’s Complaint is DISMISSED [WITH / WITHOUT] PREJUDICE.

SO ORDERED this _ day of _, 20___.

Judge, [Court] Court

Distribution:
• All counsel of record via the Indiana E-Filing System

ENDNOTES

1 Select all applicable subsections. Most motions invoke 12(B)(1), (2), (3), (4), (5), or (6).
2 TR 6(C) affords the opposing party 15 days to respond to a motion filed under TR 12(B); verify any different deadline in the local rules.
3 See Indiana Trial Rule 12(B)(6)’s notice-pleading standard.

[// GUIDANCE:
• Confirm local formatting requirements (font, margins, spacing) and electronic filing conventions for the specific county.
• If raising matters outside the pleadings, convert to—or expressly request conversion to—a Rule 56 motion for summary judgment.
• Attach affidavits or exhibits only if they do not convert the motion or if filing under TR 12(B)(1).
• For complex cases, consider filing a separate brief to avoid page-limit issues.
]