IN THE CIRCUIT COURT FOR [_] COUNTY, MARYLAND

[PLAINTIFF]
  Plaintiff,

v. Civil Action No. [__]

[DEFENDANT]
  Defendant.

DEFENDANT’S MOTION TO DISMISS PURSUANT TO MD. RULE 2-322(b)

AND REQUEST FOR ORAL ARGUMENT PURSUANT TO MD. RULE 2-311(f)

[// GUIDANCE: Consider whether you also need to invoke additional
2-322(b) defenses such as lack of personal jurisdiction,
improper venue, etc. List only those that apply.]

TABLE OF CONTENTS

1. Introduction & Relief Requested
2. Procedural Posture
3. Statement of Relevant Facts
4. Standard of Review
5. Argument
   5.1 Count I – [Short Title]
   5.2 Count II – [Short Title]
   5.3 Additional 2-322(b) Defenses (if any)
6. Request for Oral Argument
7. Conclusion & Prayer for Relief
8. Proposed Order (Exhibit A)
9. Certificate of Service

1. Introduction & Relief Requested

Defendant [DEFENDANT] respectfully moves this Court, pursuant to Md. Rule 2-322(b)(6), to dismiss the Complaint filed by Plaintiff [PLAINTIFF] in its entirety for failure to state a claim upon which relief can be granted. In the alternative, and only to the extent necessary, Defendant seeks dismissal on the additional grounds set forth herein. Defendant further requests oral argument under Md. Rule 2-311(f).

2. Procedural Posture

1. Plaintiff filed the Complaint on [FILING DATE].
2. Defendant was served on [SERVICE DATE].
3. This Motion is timely because it is filed before any responsive pleading, in accordance with Md. Rule 2-322(a) and within the time provided by Md. Rule 2-321.
4. No discovery has taken place, and no scheduling order has been entered.

[// GUIDANCE: If a scheduling order exists, confirm whether it
sets a different deadline for dispositive motions.]

3. Statement of Relevant Facts

For purposes of this Motion only, Defendant accepts as true the well-pleaded factual allegations of the Complaint. See Section 4, infra. Summarized, Plaintiff alleges:

• [FACT 1]
• [FACT 2]
• [FACT 3]

These alleged facts, even if taken as true, do not state a legally cognizable claim for the reasons that follow.

4. Standard of Review

1. A motion to dismiss under Md. Rule 2-322(b)(6) tests the legal sufficiency of the complaint, not the veracity of the facts alleged.
2. The Court must assume the truth of well-pleaded factual allegations and draw reasonable inferences in favor of the non-moving party. Conclusory statements and unsupported legal conclusions, however, are not entitled to a presumption of truth.
3. Dismissal is appropriate where, as here, the alleged facts fail to state a legally cognizable cause of action or otherwise establish an entitlement to relief.

5. Argument

5.1 Count I – [Short Title of Claim]

1. Essential Elements. Under Maryland law, a claim for [CAUSE OF ACTION] requires:
   a. [ELEMENT 1]
   b. [ELEMENT 2]
   c. [ELEMENT 3]
2. Pleading Deficiencies. The Complaint fails to allege facts establishing [ELEMENT 1] because…
3. Legal Insufficiency. Even accepting Plaintiff’s allegations as true, they do not, as a matter of law, satisfy the requisite elements because…
4. Result. Count I should therefore be dismissed with prejudice.

[// GUIDANCE: Repeat § 5.1 format for each count pleaded in the
Complaint. Add or remove sub-sections as needed.]

5.2 Count II – [Short Title of Claim]

[ANALYSIS OF COUNT II]

5.3 Additional 2-322(b) Defenses (if asserted)

1. Lack of Personal Jurisdiction (Md. Rule 2-322(b)(2)).
   [ARGUMENT]

2. Improper Venue (Md. Rule 2-322(b)(3)).
   [ARGUMENT]

3. Insufficiency of Service of Process (Md. Rule 2-322(b)(5)).
   [ARGUMENT]

[// GUIDANCE: Only include the defenses that are genuinely
supportable; unsupported defenses risk sanctions
under Md. Rule 1-341.]

6. Request for Oral Argument

Pursuant to Md. Rule 2-311(f), Defendant respectfully requests oral argument on this Motion. Oral argument will assist the Court in addressing the dispositive legal issues presented and will promote judicial economy.

7. Conclusion & Prayer for Relief

WHEREFORE, Defendant [DEFENDANT] respectfully requests that this Honorable Court:

A. GRANT the Motion to Dismiss;
B. DISMISS the Complaint in its entirety with prejudice;
C. AWARD Defendant its costs and such other and further relief as the Court deems just and proper.

Respectfully submitted,

[DEFENSE COUNSEL FIRM NAME]
By: _____
[ATTORNEY NAME] (Bar No. [____])
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

8. Proposed Order (Exhibit A)

[Attach the following as a separate page or document when filing.]

IN THE CIRCUIT COURT FOR [_] COUNTY, MARYLAND
[PLAINTIFF] )
Plaintiff, )
v. ) Civil Action No. [__]
[DEFENDANT] )
Defendant. )

ORDER

Upon consideration of Defendant’s Motion to Dismiss and any opposition thereto, it is this ___ day of _ 20_, by the Circuit Court for [_____] County, Maryland,

ORDERED, that the Motion to Dismiss is GRANTED; and it is further
ORDERED, that the Complaint is DISMISSED WITH PREJUDICE; and it is further
ORDERED, that the Clerk shall CLOSE this case; and it is further
ORDERED, that costs are assessed against [PARTY RESPONSIBLE FOR COSTS].

Judge, Circuit Court for [_] County, Maryland

9. Certificate of Service

I HEREBY CERTIFY that on this ___ day of ____ 20__, a copy of the foregoing Motion to Dismiss, proposed Order, and accompanying memorandum were served pursuant to Md. Rule 1-321 on:

[PLAINTIFF’S COUNSEL NAME]
[FIRM NAME]
[ADDRESS]
[EMAIL (if agreed)]

[ATTORNEY NAME]

[// GUIDANCE: If service is via MDEC, include the electronic
filing/notification language instead of physical
service language.]

Key Maryland Procedural Notes (For Practitioner Reference Only)

[// GUIDANCE: The following bullets are not filed with the Court.]

• Time to Respond to This Motion – Under Md. Rule 2-311(b), Plaintiff must file any response within 15 days after service unless the Court orders otherwise.
• Automatic Stay – Filing a 2-322(b) motion stays the obligation to file an answer until the Court disposes of the motion.
• Waiver of Defenses – With limited exceptions, defenses listed in Md. Rule 2-322(b) are waived if not raised before the answer is filed.
• Oral Argument – A request for hearing must appear under a separate, boldfaced heading (“REQUEST FOR HEARING”) within the motion or response.
• Formatting – Use 1-inch margins, double spacing, and 12-pt Times New Roman unless local rules specify otherwise.

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