COMMONWEALTH OF KENTUCKY

[___] CIRCUIT COURT

[_] JUDICIAL CIRCUIT – [_] DIVISION

CIVIL ACTION NO. [___]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

DEFENDANT’S MOTION TO DISMISS
(Pursuant to Ky. R. Civ. P. 12.02)

[// GUIDANCE: Insert a concise, persuasive “lead line” identifying the primary dismissal ground—e.g., “for failure to state a claim” or “for lack of personal jurisdiction.”]

I. DOCUMENT HEADER

1. Movant: [Defendant Name] (“Defendant”).
2. Respondent: [Plaintiff Name] (“Plaintiff”).
3. Filing Date: [MM/DD/YYYY].
4. Hearing Date/Time: [MM/DD/YYYY @ : a.m./p.m.] (or “To Be Set by the Court”).
   • Location: [Courtroom No., Courthouse Address].
   • Oral Argument: Requested / Waived.
5. Governing Procedural Law: Kentucky Rules of Civil Procedure (“Ky. R. Civ. P.”).

II. DEFINITIONS

For purposes of this Motion, the following capitalized terms have the meanings set forth below:

“Action” – The above-captioned civil action.
“Complaint” – The [Verified / Amended] Complaint filed by Plaintiff on [MM/DD/YYYY].
“Court” – The [_] Circuit Court, Commonwealth of Kentucky.
“Rules” – Collectively, the Kentucky Rules of Civil Procedure and any applicable Local Rules of the [_] Circuit Court.

[// GUIDANCE: Add or delete defined terms to align with case posture.]

III. OPERATIVE PROVISIONS

3.1 Notice of Motion

PLEASE TAKE NOTICE that, on the above-listed Hearing Date—or as soon thereafter as counsel may be heard—Defendant will and hereby does move this Court for an Order dismissing the Complaint [in its entirety / as to Counts ___] pursuant to Ky. R. Civ. P. 12.02([a–g]).

3.2 Briefing Schedule

Pursuant to Local Rule [___] and the Court’s inherent authority to manage its docket, Defendant proposes the following schedule (subject to Court modification):
• Opposition due: [__] days after service of this Motion.
• Reply due: [__] days after service of any Opposition.

[// GUIDANCE: Many KY circuits default to the “motion day” system under Ky. R. Civ. P. 78.02. Confirm local practice and insert appropriate motion day.]

IV. REPRESENTATIONS & WARRANTIES

Defendant represents that:

1. All factual assertions herein are supported by the pleadings, matters of public record, or documents of which the Court may take judicial notice.
2. Counsel has conferred with opposing counsel pursuant to Local Rule [___] to determine whether the issues raised could be resolved without Court intervention.

[// GUIDANCE: Some divisions require a pre-motion conference certification; include where applicable.]

V. COVENANTS & RESTRICTIONS

In filing this Motion, Defendant expressly reserves—and does not waive—any and all other defenses available under Ky. R. Civ. P. 12.02 or otherwise, including but not limited to affirmative defenses under Ky. R. Civ. P. 8.03.

VI. DEFAULT & REMEDIES

If the Court grants this Motion and dismisses all claims with prejudice, Defendant intends to seek:

1. Taxable costs under Ky. R. Civ. P. 54.04; and
2. Such other relief as the Court deems just and proper.

[// GUIDANCE: Kentucky generally follows the “American Rule” on attorneys’ fees absent statute or contract. Include fee request only where a valid basis exists.]

VII. RISK ALLOCATION

Not applicable. This is a procedural motion; no contractual risk allocation is implicated.

VIII. DISPUTE RESOLUTION

Governing Law: Kentucky substantive law applies to all non-procedural matters in this Action.
Forum: This Court retains exclusive jurisdiction unless and until the Action is dismissed or transferred.

IX. GENERAL PROVISIONS

1. Amendment. Defendant reserves the right to amend or supplement this Motion based on newly discovered facts or changes in law.
2. Severability. If any portion of this Motion is deemed procedurally improper, the remainder shall stand.

X. ARGUMENT

10.1 Standard of Review

On a Ky. R. Civ. P. 12.02 motion, the Court must accept as true all well-pleaded factual allegations and draw all reasonable inferences in the non-moving party’s favor. Dismissal is proper where “it appears the pleading party would not be entitled to relief under any set of facts which could be proved.”

[// GUIDANCE: Insert controlling Kentucky appellate precedent if desired, but avoid case citations unless 100 % accurate.]

10.2 Grounds for Dismissal

A. Lack of Personal Jurisdiction (Ky. R. Civ. P. 12.02(b))
1. Plaintiff alleges ___; however, Defendant [is not a Kentucky resident / lacks minimum contacts / etc.].
2. Assertion of jurisdiction would offend traditional notions of fair play and substantial justice.

B. Improper Venue (Ky. R. Civ. P. 12.02(c))
1. Venue lies in [county] because ___ under KRS 452.___.
2. Transfer is inappropriate where personal jurisdiction is lacking; dismissal is required.

C. Failure to State a Claim (Ky. R. Civ. P. 12.02(f))
1. Legal insufficiency of Count ___: [Identify element] is not pleaded with requisite specificity.
2. Statutory bar / Preemption / Statute of Limitations: [Explain].

[// GUIDANCE: Delete subsections that do not apply; add others (e.g., insufficiency of process, failure to join necessary party) as warranted.]

10.3 Request for Oral Argument

Pursuant to Ky. R. Civ. P. 78.02, Defendant respectfully requests oral argument. Oral presentation will assist the Court in resolving [complex jurisdictional facts / novel statutory interpretation issues].

XI. CONCLUSION

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

1. GRANT the Motion;
2. DISMISS the Complaint [with/without] prejudice;
3. AWARD Defendant its taxable costs; and
4. GRANT such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

[LAW FIRM NAME]
By: _____
[Attorney Name] (Ky. Bar #____)
[Address]
[Phone] | [Email]
Counsel for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing was served [via U.S. Mail / via the Court’s electronic filing system / by hand-delivery] upon:

• [Opposing Counsel Name & Address]

[Attorney Signature]

PROPOSED ORDER

text
COMMONWEALTH OF KENTUCKY
[_] CIRCUIT COURT
CIVIL ACTION NO. [_]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

ORDER

This matter having come before the Court on Defendant’s Motion to Dismiss
filed pursuant to Ky. R. Civ. P. 12.02, and the Court being otherwise sufficiently advised,

IT IS HEREBY ORDERED AND ADJUDGED that:

1. The Motion is GRANTED.
2. The Complaint [and all claims therein] is DISMISSED WITH PREJUDICE.
3. Costs are taxed to Plaintiff pursuant to Ky. R. Civ. P. 54.04.
4. This is a final and appealable Order, and there is no just cause for delay.

SO ORDERED on this ___ day of ____, 20__.

JUDGE, [___] CIRCUIT COURT

[// GUIDANCE: Confirm the Court’s preference for submitting proposed orders (separate document vs. attachment).]