[// GUIDANCE: This template is drafted for use in any Minnesota District Court.
Confirm and comply with all local judicial district rules and judge-specific preferences before filing.]

STATE OF MINNESOTA

DISTRICT COURT

[___] JUDICIAL DISTRICT

COUNTY OF [____]

DEFENDANT’S NOTICE OF MOTION AND MOTION TO DISMISS

(Minn. R. Civ. P. 12.02)

I. DOCUMENT HEADER

1. Notice of Hearing
   PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME] a.m./p.m., or as soon thereafter as counsel may be heard, in Courtroom [___] of the [COUNTY] County Courthouse located at [COURTHOUSE ADDRESS], Defendant [DEFENDANT] (“Defendant”) will move the Court for an Order dismissing the Complaint filed by Plaintiff [PLAINTIFF] (“Plaintiff”) pursuant to Minn. R. Civ. P. 12.02.

2. Relief Requested
   Defendant seeks dismissal of the Complaint in its entirety, with prejudice, on one or more of the following grounds:
   a. lack of subject-matter jurisdiction (Rule 12.02(a));
   b. lack of personal jurisdiction (Rule 12.02(b));
   c. insufficient process/service (Rule 12.02(c)–(d));
   d. failure to state a claim upon which relief can be granted (Rule 12.02(e)); and/or
   e. any other applicable Rule 12.02 defense.

3. Authority & Supporting Documents
   This Motion is supported by:
   • the accompanying Memorandum of Law;
   • any affidavits/declarations, exhibits, and other papers filed herewith;
   • the pleadings and record in this action; and
   • such argument as may be presented at the hearing.

4. Briefing Schedule (Dispositive Motion)
   Pursuant to Minn. Gen. R. Prac. 115.03(a):
   • Moving papers served/filed ≥ 28 days before hearing;
   • Opposition papers served/filed ≥ 14 days before hearing;
   • Reply papers served/filed ≥ 7 days before hearing.
   [// GUIDANCE: For a non-dispositive Rule 12 motion (rare), substitute the 14/7/3-day schedule.]

5. Oral Argument
   Defendant does request oral argument under Minn. Gen. R. Prac. 115.04.
   [// GUIDANCE: Strike if oral argument is waived.]

II. RULE 11 CERTIFICATION

The undersigned certifies that this Motion is not interposed for any improper purpose, is warranted by existing law or a good-faith argument for its extension or modification, and that factual contentions have evidentiary support. Minn. R. Civ. P. 11.02.

III. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: _____
[ATTORNEY NAME] (# [BAR NO.])
[Street Address]
[City, State ZIP]
Telephone: ([]) -_
Email: [___]

Attorneys for Defendant [DEFENDANT]

Dated: [DATE]

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS

[// GUIDANCE: Begin new document section if local rules require separate filing.]

TABLE OF CONTENTS

1. Introduction .......................................................... [ ]
2. Procedural & Factual Background ........................................ [ ]
3. Legal Standard ........................................................ [ ]
4. Argument ............................................................... [ ]
   4.1 Lack of Subject-Matter Jurisdiction ................................. [ ]
   4.2 Lack of Personal Jurisdiction ....................................... [ ]
   4.3 Insufficient Process/Service ........................................ [ ]
   4.4 Failure to State a Claim (Rule 12.02(e)) ............................. [ ]
   4.5 Additional Grounds (if any) ......................................... [ ]
5. Conclusion ............................................................. [ ]

[// GUIDANCE: Insert “Table of Authorities” immediately after the Table of Contents if exceeding 10 pages or if required by judge’s preferences.]

1. Introduction

Briefly state (1) the nature of the dispute, (2) the dispositive issues, and (3) the reasons the Complaint should be dismissed.

2. Procedural & Factual Background

Summarize the procedural posture and the facts alleged in the Complaint, accepted as true solely for purposes of this Motion.

3. Legal Standard

1. Minn. R. Civ. P. 12.02 permits dismissal when the Complaint fails to state a legally cognizable claim or when jurisdiction/service is lacking.
2. On a Rule 12.02(e) motion, the Court accepts well-pleaded facts as true but need not accept legal conclusions.
3. The Court may consider documents referenced in the Complaint without converting the Motion to one for summary judgment.
   [// GUIDANCE: Add controlling Minnesota appellate decisions as appropriate.]

4. Argument

4.1 Lack of Subject-Matter Jurisdiction — Rule 12.02(a)
• State the jurisdictional defect (e.g., statutory bar, exclusive federal jurisdiction, administrative exhaustion).
• Provide legal analysis and cite supporting statutes (e.g., Minn. Stat. § [___]) ONLY if 100 % certain.

4.2 Lack of Personal Jurisdiction — Rule 12.02(b)
• Analyze Minnesota’s long-arm statute and due-process minimum contacts.
• Attach supporting affidavit if relying on facts outside the pleadings.

4.3 Insufficient Process / Service — Rule 12.02(c)–(d)
• Detail procedural insufficiencies (e.g., improper service under Minn. R. Civ. P. 4).
• Cite record evidence (affidavit of non-service, etc.).

4.4 Failure to State a Claim — Rule 12.02(e)
• Identify each cause of action.
• For each, isolate required elements under Minnesota law and demonstrate pleading deficiencies.
• Address plausibility standards and any statutory pre-emption/limitations.

4.5 [Optional] Other Grounds
• E.g., statute of limitations (affirmative defense apparent on the face of the pleadings).

5. Conclusion

For the foregoing reasons, Defendant respectfully requests that the Court:
1. Dismiss the Complaint with prejudice;
2. Award Defendant its costs and disbursements under Minn. R. Civ. P. 54.04; and
3. Grant such other relief as the Court deems just and equitable.

Respectfully submitted,

[Repeat signature block]

PROPOSED ORDER

[// GUIDANCE: File as separate PDF if required.]

STATE OF MINNESOTA | DISTRICT COURT | [] JUDICIAL DISTRICT | COUNTY OF [_____]

[DEFENDANT]’S PROPOSED ORDER GRANTING MOTION TO DISMISS

The Court, having considered Defendant’s Motion to Dismiss, the memoranda, affidavits, and all files, records, and proceedings herein, and having heard argument of counsel (if any), hereby ORDERS:

1. Defendant’s Motion to Dismiss is GRANTED.
2. Plaintiff’s Complaint is DISMISSED with prejudice.
3. Defendant is awarded its taxable costs and disbursements.
4. The Court reserves jurisdiction to enforce this Order and to consider any further appropriate relief.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: __ BY THE COURT:

The Honorable [JUDGE NAME]
Judge of District Court

CERTIFICATE OF SERVICE

[// GUIDANCE: Select appropriate method—E-Filing, U.S. Mail, or personal service. Modify to satisfy Minn. Gen. R. Prac. 14.]

I certify that on [DATE] I served the foregoing Motion to Dismiss, Memorandum of Law, and Proposed Order on all counsel of record through the Minnesota E-Filing System, which constitutes service under Minn. Gen. R. Prac. 14.03.

[ATTORNEY NAME]

[// GUIDANCE:
1. Remove bracketed guidance comments before filing.
2. Double-check every citation, factual assertion, and procedural date.
3. Tailor the “Argument” section to the specific causes of action pleaded.
4. If the motion raises facts outside the pleadings, include a separate Rule 12.02 notice of conversion to summary judgment or frame the motion under Rule 56.
5. Confirm word-count or page-limit compliance under Minn. Gen. R. Prac. 115.05 (≤ 35 pages for a principal brief on a dispositive motion).]