STATE COURT MOTION TO DISMISS

Louisiana District Court Template

[// GUIDANCE: This template is designed for use in any Louisiana district court (ordinary proceeding). Customize all bracketed fields, delete guidance comments before filing, and confirm all local‐rule requirements for the specific parish and division.]

CAPTION

STATE OF LOUISIANA
PARISH OF [PARISH]
[__] JUDICIAL DISTRICT COURT

[PLAINTIFF NAME],
Plaintiff

versus

[DEFENDANT NAME],
Defendant

DOCKET NO.: [__] | DIVISION: [__]

NOTICE OF MOTION, REQUEST FOR HEARING & BRIEFING SCHEDULE

PLEASE TAKE NOTICE that Defendant, [DEFENDANT NAME], through undersigned counsel, files the attached Motion to Dismiss (the “Motion”).
Pursuant to Louisiana Code of Civil Procedure art. 963 and Uniform District Court Rule 9.9:

1. Defendant respectfully requests that a hearing be set on: [HEARING DATE] at [TIME] a.m./p.m., or on the next date convenient to the Court.
2. Movant requests oral argument in accordance with Uniform Rule 9.1.
3. Defendant’s supporting memorandum accompanies this Motion.
4. Any opposition memorandum shall be filed no later than eight (8) calendar days before the hearing, and any reply shall be filed no later than five (5) calendar days before the hearing, unless the Court orders otherwise.

Respectfully submitted this ___ day of ____ 20__.

[ATTORNEY NAME] (Bar # [_])
[Law Firm Name]
[Address] | [City, State ZIP]
[T] [--] | [E] [_]
Counsel for Defendant, [DEFENDANT NAME]

MOTION TO DISMISS

[// GUIDANCE: Identify every specific ground for dismissal. The most common Louisiana bases are the peremptory exceptions of “No Cause of Action” and/or “No Right of Action,” La. Code Civ. Proc. art. 927(A)(5) & (6); an anti-SLAPP motion under art. 971; dismissal for abandonment under art. 561; or voluntary dismissal under art. 1672. Add or remove sections as appropriate.]

NOW INTO COURT, through undersigned counsel, comes Defendant, [DEFENDANT NAME] (“Defendant”), who, pursuant to Louisiana Code of Civil Procedure arts. 927(A)(5) and 971, respectfully moves this Honorable Court to dismiss the Petition for Damages (the “Petition”) filed by [PLAINTIFF NAME] (“Plaintiff”) on the following grounds:

1. Failure to State a Cause of Action – The Petition does not allege facts that, if taken as true, establish any cognizable cause of action under Louisiana law.
2. [OPTIONAL ADDITIONAL GROUNDS, e.g., No Right of Action, Prescription, Res Judicata]

WHEREFORE, Defendant prays that, after due proceedings, the Court grant this Motion, dismiss Plaintiff’s Petition with prejudice, and award Defendant all further relief to which it is legally entitled.

[ATTORNEY SIGNATURE BLOCK – same as above]

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

Table of Contents

1. Introduction……………………………………………………………………….. 1
2. Procedural Background………………………………………………………… 1
3. Standard of Review…………………………………………………………….. 2
4. Argument…………………………………………………………………………… 3
   4.1 The Petition Fails to State a Cognizable Cause of Action………… 3
   4.2 [Additional Argument]…………………………………………………… 6
5. Reservation of Rights…………………………………………………………… 7
6. Conclusion & Prayer…………………………………………………………….. 7

1. Introduction

Plaintiff’s Petition contains only conclusory allegations that, even if accepted as true, do not establish the essential elements of any recognized Louisiana cause of action. For the reasons set forth below, dismissal is required.

2. Procedural Background

1. Plaintiff filed the Petition on [FILING DATE].
2. Defendant was served on [SERVICE DATE] and now timely files this Motion.
3. No responsive pleadings have been filed, and no scheduling order is in effect.

3. Standard of Review

Under La. Code Civ. Proc. art. 927(A)(5), the peremptory exception of no cause of action tests the legal sufficiency of the pleading. All well-pleaded facts are accepted as true; legal conclusions are not. The Petition must state a claim on which relief can be granted on any theory of law. If it cannot, dismissal with prejudice is proper. See La. Code Civ. Proc. art. 931 (no evidence admitted).

[// GUIDANCE: Do not cite case law unless absolutely sure. Statutory references above comply with the Citation Policy.]

4. Argument

4.1 The Petition Fails to State a Cognizable Cause of Action

a. Essential Elements Omitted.
• Element 1 – [Describe missing or deficient factual allegation].
• Element 2 – [Describe missing or deficient factual allegation].

b. Conclusions Without Facts.
The Petition offers mere labels and legal conclusions—precisely what art. 927 prohibits.

c. No Curative Amendment Possible.
Given the nature of the deficiencies, amendment would be futile; dismissal with prejudice is warranted.

4.2 [Additional Argument as Applicable]

[INSERT any subsidiary grounds for dismissal, e.g., prescription under art. 927(A)(1), res judicata under art. 927(A)(2), lack of personal jurisdiction, anti-SLAPP immunity under art. 971, etc.]

5. Reservation of Rights

Defendant reserves all rights, defenses, objections, and exceptions not expressly waived herein, including the right to file additional exceptions or motions under art. 928(B).

6. Conclusion & Prayer

For the foregoing reasons, Defendant respectfully requests that the Court:
A. Sustain this Motion;
B. Dismiss Plaintiff’s Petition with prejudice at Plaintiff’s cost; and
C. Award Defendant all other relief deemed just and proper.

Respectfully submitted:

[ATTORNEY SIGNATURE BLOCK – same as above]

PROPOSED ORDER

STATE OF LOUISIANA
PARISH OF [PARISH]
[__] JUDICIAL DISTRICT COURT
DOCKET NO.: [__] | DIVISION: [__]

Considering the Motion to Dismiss filed by Defendant, [DEFENDANT NAME],
IT IS ORDERED, ADJUDGED, AND DECREED that:

1. The Motion to Dismiss is hereby GRANTED.
2. Plaintiff’s Petition is DISMISSED WITH PREJUDICE, each party to bear its own costs.

THUS SIGNED at [CITY], Louisiana, this ___ day of ____ 20__.

JUDGE, [__] Judicial District Court

[// GUIDANCE: Some districts require the mover to include a “Rule 9.5 Certificate” confirming submission of the proposed order to opposing counsel before filing. Insert if applicable.]

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion to Dismiss, Memorandum in Support, and Proposed Order was served on all counsel of record by [U.S. mail / electronic filing system / hand delivery] on this ___ day of ____ 20__.

[ATTORNEY SIGNATURE BLOCK]

QUICK‐REFERENCE CHECKLIST (Do Not File)

[// GUIDANCE: Internal checklist for the drafter.]
☐ Verify parish-specific local rules (filing fees, page limits, font size).
☐ Confirm hearing date availability with Clerk prior to filing.
☐ Attach any required exhibits (e.g., copy of Petition, affidavits for art. 971).
☐ Serve proposed order on opposing counsel at least 5 days before hearing (Uniform Rule 9.5).
☐ Redline & delete all guidance comments before submitting to court.

End of Template