IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
[CIVIL / LIMITED / MAGISTRATE] DIVISION

[PLAINTIFF NAME],
  Plaintiff,

v. Case No. [______]

[DEFENDANT NAME(S)],
  Defendant(s).

DEFENDANT [NAME]’S MOTION TO DISMISS

(Pursuant to K.S.A. 60-212(b))

[// GUIDANCE: Insert a concise “Nature of the Motion” paragraph here (e.g., subject-matter jurisdiction, personal jurisdiction, improper venue, failure to state a claim).]

TABLE OF CONTENTS

1. Introduction & Relief Requested ......................................... 2
2. Procedural & Factual Background ...................................... 3
3. Applicable Legal Standards ................................................. 4
4. Argument & Authorities ...................................................... 5
    4.1 Lack of Subject-Matter Jurisdiction (K.S.A. 60-212(b)(1)) .......... 5
    4.2 Lack of Personal Jurisdiction (K.S.A. 60-212(b)(2)) ................. 6
    4.3 Failure to State a Claim (K.S.A. 60-212(b)(6)) ........................... 7
5. Request for Oral Argument .............................................. 9
6. Conclusion & Prayer for Relief ........................................ 10
7. Certificate of Service ..................................................... 11
8. Proposed Order .............................................................. 12

[// GUIDANCE: Delete inapplicable subsections or add others (e.g., insufficiency of process, improper venue) as needed.]

1. INTRODUCTION & RELIEF REQUESTED

Defendant [NAME] (“Defendant”) respectfully moves this Court, pursuant to K.S.A. 60-212(b), to dismiss the [Amended] Petition/Complaint filed by Plaintiff [NAME] (“Plaintiff”). Specifically, Defendant seeks dismissal on the following grounds:

1. Lack of subject-matter jurisdiction under K.S.A. 60-212(b)(1);
2. Lack of personal jurisdiction under K.S.A. 60-212(b)(2); and/or
3. Failure to state a claim upon which relief can be granted under K.S.A. 60-212(b)(6).

For the reasons set forth below, Defendant respectfully requests that the Court grant this Motion in its entirety and dismiss Plaintiff’s claims with prejudice.

2. PROCEDURAL & FACTUAL BACKGROUND

[PLACEHOLDER — Concise chronology of the case.]

1. On [DATE], Plaintiff filed the [original] Petition in this Court alleging [brief summary of claims].
2. Service of process was purportedly effected on Defendant on [DATE] by [method].
3. No discovery has commenced / limited discovery has occurred as follows: [DETAILS].

[// GUIDANCE: Provide only those facts necessary for the Court to rule on the Rule 12 issues; avoid introducing extraneous factual disputes.]

3. APPLICABLE LEGAL STANDARDS

A. K.S.A. 60-212(b) Motions Generally
Under K.S.A. 60-212(b), a defendant may move to dismiss claims for, inter alia, lack of jurisdiction and failure to state a claim. A Rule 12(b)(6) motion tests the legal sufficiency of the petition; the Court accepts well-pleaded factual allegations as true but need not accept legal conclusions or unwarranted inferences.

B. Briefing Schedule
Pursuant to K.S.A. 60-206(d) and any applicable local rule of this District Court, Plaintiff’s response is due within [14/21] days after service of this Motion, and Defendant’s reply, if any, is due [7/14] days thereafter.

[// GUIDANCE: Confirm local rule page-limits (often 20–30 pages) and adjust timelines if the Court issues a separate briefing order.]

C. Oral Argument
Kansas district courts possess discretion to set oral argument under Kansas Supreme Court Rule 133(b) [if adopted locally] or the Court’s inherent authority. Defendant believes oral argument will materially aid resolution of the Motion and therefore respectfully requests it (see Section 5, infra).

4. ARGUMENT & AUTHORITIES

4.1 The Court Lacks Subject-Matter Jurisdiction (K.S.A. 60-212(b)(1))

1. Kansas district courts are courts of general jurisdiction but lack authority where [e.g., federal exclusive jurisdiction, failure to satisfy statutory prerequisite].
2. Plaintiff’s claim under [STATUTE] expressly vests exclusive jurisdiction in [IDENTIFY COURT/AGENCY]. Accordingly, this Court must dismiss for want of subject-matter jurisdiction.

4.2 The Court Lacks Personal Jurisdiction Over Defendant (K.S.A. 60-212(b)(2))

1. Kansas’ long-arm statute, K.S.A. 60-308(b), extends jurisdiction to the outer limits of due process. The plaintiff bears the burden of establishing a prima facie basis for jurisdiction.
2. Plaintiff alleges no Kansas contacts attributable to Defendant other than [identify]. Such contacts are neither “substantial” nor “continuous and systematic.”
3. Exercising jurisdiction would offend traditional notions of fair play and substantial justice.

4.3 Plaintiff Fails to State a Claim (K.S.A. 60-212(b)(6))

1. A valid claim requires plausible factual allegations supporting every element. See K.S.A. 60-209(a) (pleading requirements).
2. Count I – Breach of Contract:
   a. No contract is pleaded with sufficient certainty; material terms are absent.
   b. Plaintiff alleges no consideration flowing from [party] to [party].
3. Count II – Negligence:
   a. Plaintiff fails to plead a cognizable duty recognized under Kansas law.
   b. Alleged damages are purely economic and barred by the economic-loss doctrine.

[// GUIDANCE: Add or delete counts as appropriate. Support each point with controlling Kansas authority where available.]

5. REQUEST FOR ORAL ARGUMENT

Pursuant to K.S.A. 60-206 and this Court’s procedural guidelines, Defendant requests oral argument. The issues involve jurisdictional questions and statutory interpretation that will benefit from exposition and clarification.

6. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that the Court:

1. Grant this Motion and dismiss Plaintiff’s Petition with prejudice;
2. Award Defendant its costs as allowed under K.S.A. 60-2002; and
3. Grant such further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

[LAW FIRM NAME]

By: _____
[ATTORNEY NAME], KS Sup. Ct. No. [__]
[Address]
[Phone] | [Fax]
[Email]
Attorney for Defendant [NAME]

7. CERTIFICATE OF SERVICE

I hereby certify that on ____, 20__, I caused a true and correct copy of the foregoing Motion to Dismiss to be served upon all counsel of record via:

☐ Kansas Courts e-Filing System
☐ Certified U.S. Mail, postage prepaid
☐ Other [specify]

[ATTORNEY NAME]

8. [PROPOSED] ORDER

IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
[CIVIL / LIMITED / MAGISTRATE] DIVISION

[PLAINTIFF NAME], Case No. [______]
  Plaintiff,
v.
[DEFENDANT NAME(S)],
  Defendant(s).

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
(Pursuant to K.S.A. 60-212(b))

The Court, having reviewed Defendant’s Motion to Dismiss, the responses and replies thereto, the applicable law, and being otherwise fully advised, hereby ORDERS:

1. Defendant’s Motion is GRANTED.
2. Plaintiff’s Petition is DISMISSED WITH PREJUDICE.
3. Costs are awarded to Defendant pursuant to K.S.A. 60-2002.

IT IS SO ORDERED.

Dated: ___, 20.

Judge [NAME]
District Court of [County] County, Kansas

Approved as to form and content:

_____ _______
Counsel for Defendant Counsel for Plaintiff

[// GUIDANCE: Local practice may require the prevailing party to prepare a journal entry rather than a “proposed order.” Adjust captioning and signature blocks to comply with the assigned judge’s preferences.]

ADDITIONAL PRACTICE NOTES

[// GUIDANCE: Delete this section before filing.]

1. Page Limits – Confirm with the district court clerk; many Kansas districts default to a 30-page limit absent leave of court.
2. Hearing Dates – Some judges require a separate notice of hearing; others set hearings sua sponte after briefing closes.
3. Rule 133 Compliance – Kansas Supreme Court Rule 133 formally applies to appellate briefing, but several district courts adopt its formatting and citation conventions by local rule—verify before filing.
4. Electronic Signatures – Kansas courts accept “/s/ Name” for electronic filings consistent with K.S.A. 60-205.
5. Supplemental Authority – If new authority arises after briefing, file a “Notice of Supplemental Authority” rather than an additional memorandum.

End of Template