[// GUIDANCE: Replace every bracketed placeholder with matter-specific information.
Delete all guidance comments before filing. ]

====================================================================
COMMONWEALTH OF MASSACHUSETTS
[COUNTY] SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT, CIVIL ACTION
====================================================================

DOCKET NO.: [DOCKET NUMBER]
[PLAINTIFF NAME(S)],
  Plaintiff[s],

v.

[DEFENDANT NAME(S)],
  Defendant[s].

====================================================================
DEFENDANT[S]’ MOTION TO DISMISS
PURSUANT TO MASS. R. CIV. P. 12(b) AND
MASS. SUPER. CT. R. 9A (CIVIL MOTIONS)
====================================================================

NOW COME[S] Defendant[s] [DEFENDANT NAME(S)] (“Defendant”), by and through undersigned counsel, and respectfully move[s] this Honorable Court, pursuant to Mass. R. Civ. P. 12(b)(1), 12(b)(6), and 12(b)[OTHER RELEVANT SUBSECTIONS, IF ANY], to dismiss the [Amended] Complaint (the “Complaint”) filed by Plaintiff[s] [PLAINTIFF NAME(S)] (“Plaintiff”) in its entirety, or in the alternative to dismiss the following Counts: [LIST COUNTS].

In support thereof, Defendant states as follows:

I. INTRODUCTION

1. Plaintiff’s Complaint fails to state a claim upon which relief can be granted and, in part, seeks relief over which this Court lacks subject-matter jurisdiction.
2. Even accepting all well-pleaded facts as true, the Complaint is legally deficient because [BRIEFLY STATE CORE DEFECT(S)].

II. RELEVANT FACTUAL ALLEGATIONS

[// GUIDANCE: Summarize pertinent allegations neutrally; cite paragraph numbers of Complaint to aid the Court.]
3. For purposes of this Motion only, Defendant accepts as true the following allegations of the Complaint:
  a. (Compl. ¶ ).
  b. (Compl. ¶ ).
4. Any allegation not expressly admitted is denied.

III. STANDARD OF REVIEW

5. Under Mass. R. Civ. P. 12(b)(6), a complaint must be dismissed when the pleaded facts, taken as true and construed in the light most favorable to the plaintiff, fail to support any viable legal theory.
6. Under Mass. R. Civ. P. 12(b)(1), the Court must dismiss claims over which it lacks subject-matter jurisdiction.
[// GUIDANCE: MA case citations intentionally omitted pursuant to citation policy.
Consider inserting non-case authority (statutes/rules) only if certain. ]

IV. ARGUMENT

A. The Court Lacks Subject-Matter Jurisdiction Over Count[s] __.

7. [EXPLAIN JURISDICTIONAL DEFECT—e.g., exclusive federal jurisdiction, administrative exhaustion, amount-in-controversy minimums not met, etc.]

B. Count __ Fails to State a Claim Upon Which Relief Can Be Granted.

8. [IDENTIFY ELEMENTS of claim and show deficiency.]
9. [If applicable, raise statute of limitations, absolute immunity, pre-emption, etc.]

C. Alternative Grounds for Partial Dismissal.

10. Even if the Complaint survives in part, the following relief/defendants/claims must be dismissed for the reasons stated below:
  i. [Lack of standing, improper party, duplicative remedy, etc.]

V. REQUEST FOR ORAL ARGUMENT

11. Pursuant to Mass. Super. Ct. R. 9A(c)(3), Defendant respectfully requests oral argument on this Motion.
[// GUIDANCE: Check the box for “Hearing Requested” on the Rule 9A Cover Sheet.]

VI. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss the Complaint in its entirety with prejudice;
B. In the alternative, dismiss Count[s] __ with prejudice;
C. Award Defendant its costs and such further relief as the Court deems just and proper.

Respectfully submitted this ___ day of [MONTH] [YEAR].

[DEFENDANT NAME(S)]
By its/their attorneys,

[ATTORNEY NAME], BBO # [NUMBER]
[FIRM NAME]
[STREET ADDRESS]
[CITY], MA [ZIP]
Tel.: ([ ]) [NUMBER]
Email: [EMAIL]

====================================================================
LOCAL RULE 9A CERTIFICATE OF COMPLIANCE
====================================================================
I, [ATTORNEY NAME], counsel for Defendant, hereby certify pursuant to Mass. Super. Ct. R. 9A(b)(1) that:
 1. I served this Motion, supporting memorandum, and exhibits (if any) on counsel of record on [DATE];
 2. Opposing counsel’s response period of 21 days expired/was waived on [DATE];
 3. No reply memorandum is being served / a reply memorandum is enclosed; and
 4. I have assembled the complete Rule 9A package, including the Rule 9A Cover Sheet and this Certificate, and am filing the package with the Clerk within 10 days of the conclusion of the Rule 9A process.

[ATTORNEY NAME]

====================================================================
CERTIFICATE OF SERVICE
====================================================================
I, [ATTORNEY NAME], hereby certify that on this ___ day of [MONTH] [YEAR], I caused a true and correct copy of the foregoing Motion to Dismiss, together with all supporting documents, to be served upon all parties of record via [METHOD OF SERVICE] in compliance with Mass. R. Civ. P. 5(b).

[ATTORNEY NAME]

====================================================================
[PROPOSED] ORDER
====================================================================
After consideration of Defendant’s Motion to Dismiss, the memorandum in support, the opposition, and the entire record, it is hereby ORDERED:

☐ The Motion is ALLOWED. The Complaint is DISMISSED WITH PREJUDICE.
 OR
☐ The Motion is ALLOWED IN PART as follows: [SPECIFY].
☐ The Motion is DENIED.

SO ORDERED.

Justice of the Superior Court
Dated: ___

====================================================================
KEY PROCEDURAL NOTES
====================================================================
[// GUIDANCE: The following notes are for attorney use only—delete before filing.]

1. Select appropriate Rule 12(b) grounds (12(b)(2) personal jurisdiction; 12(b)(3) improper venue; 12(b)(4)/(5) insufficiency of process/service; 12(b)(7) failure to join indispensable party).
2. Attach a separate Memorandum of Law if argument exceeds five pages (preferred).
3. Exhibits: Affidavits, contracts, or records forming the basis for dismissal (e.g., jurisdictional facts) should be appended and referenced in the memorandum.
4. Formatting: Follow Trial Court Rule XI (Uniform Rules on Impoundment) if materials require sealing.
5. Electronic Filing: Where permitted, e-file via eFiling system and upload all components as a single PDF labeled “Rule 9A Package.”
6. Fee: No filing fee is required for a motion; confirm with the Clerk’s office.
7. Reply Briefs: Limited to five pages unless leave granted (Rule 9A(b)(2)).
8. Hearing Scheduling: If the Court sets oral argument, expect notice from the Clerk.