IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[__] JUDICIAL CIRCUIT

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Case No. [__]
) Division No. [_]
[DEFENDANT NAME], )
)
Defendant. )

DEFENDANT [NAME]’S MOTION TO DISMISS AND SUGGESTIONS IN SUPPORT
(Mo. Sup. Ct. R. 55.27(a) and Rule [LOCAL RULE NO.] Applicable)

[// GUIDANCE: If your circuit requires separate “Motion” and “Suggestions in Support,” retain the below combined format or separate into two pleadings consistent with local practice.]

TABLE OF CONTENTS

I. Motion ................................................................................. 2
II. Suggestions in Support ........................................................ 3
A. Procedural Posture ......................................................... 3
B. Applicable Legal Standards ............................................. 4
C. Grounds for Dismissal .................................................... 5
1. Lack of Personal Jurisdiction (Rule 55.27(a)(2)) .......... 5
2. Improper Venue (Rule 55.27(a)(3)) .............................. 6
3. Insufficiency of Service of Process (Rule 55.27(a)(5)) .... 7
4. Failure to State a Claim (Rule 55.27(a)(6)) .................. 8
D. Briefing Schedule & Oral Argument .................................. 11
III. Prayer for Relief ................................................................ 12
IV. Certificate of Service .......................................................... 13
EXHIBIT A – Proposed Order .................................................... 14

I. MOTION

COMES NOW Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, and, pursuant to Missouri Supreme Court Rule 55.27(a) and any applicable [Local Rule No. ___], moves this Court to dismiss the Petition filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety, or in the alternative, to dismiss such counts as the Court deems proper, on any or all of the following grounds:

1. Lack of personal jurisdiction. Mo. Sup. Ct. R. 55.27(a)(2).
2. Improper venue. Mo. Sup. Ct. R. 55.27(a)(3).
3. Insufficient service of process. Mo. Sup. Ct. R. 55.27(a)(5).
4. Failure to state a claim upon which relief can be granted. Mo. Sup. Ct. R. 55.27(a)(6).

In support of this Motion, Defendant submits the following Suggestions in Support and such other matters as may properly come before the Court.

[// GUIDANCE: Delete any ground that does not apply and renumber accordingly. Attach exhibits (e.g., affidavits, certified records) if the chosen grounds permit or require matters outside the pleadings under Rule 55.27(c).]

II. SUGGESTIONS IN SUPPORT

A. Procedural Posture
1. Plaintiff filed the Petition on [Filing Date], asserting [brief description of claims].
2. Defendant was served on [Date of Service] and timely files this Motion within the period permitted by Mo. Sup. Ct. R. 55.27(a).
3. No scheduling order has been entered. A case management conference is presently set for [Date] at [Time], or, alternatively, has not yet been scheduled.

[// GUIDANCE: Include docket-specific details to establish timeliness and preserve defenses.]

B. Applicable Legal Standards
1. A motion under Rule 55.27(a) tests the legal sufficiency of the Petition and may be decided on the pleadings alone unless matters outside the pleadings are presented, in which event the motion shall be treated as one for summary judgment under Rule 74.04. Mo. Sup. Ct. R. 55.27(c).
2. When evaluating a Rule 55.27(a)(6) challenge, the Court must accept as true the facts pled, together with reasonable inferences, but not conclusions or speculation.
3. Defenses of lack of jurisdiction, venue, service, and failure to state a claim must be raised by responsive pleading or by motion filed before pleading if a further pleading is permitted. Mo. Sup. Ct. R. 55.27(g).

C. Grounds for Dismissal
1. Lack of Personal Jurisdiction (Rule 55.27(a)(2))
a. Legal Standard: Personal jurisdiction exists only where authorized by Missouri’s long-arm statute and consistent with due process. Section 506.500, RSMo.
b. Application: The Petition fails to allege facts establishing that Defendant transacted any business, made any contract, or committed any tort within Missouri. [Add specific facts.]
c. Relief Requested: Dismissal without prejudice for lack of personal jurisdiction.

2. Improper Venue (Rule 55.27(a)(3))
   a. Legal Standard: Venue in transitory actions lies only in the counties enumerated under Section 508.010, RSMo.
   b. Application: Plaintiff filed in [County] County; however, Defendant is a resident of [Other County]; alleged events occurred in [Other County]; therefore venue is improper under § 508.010.
   c. Relief Requested: Transfer to [Proper County] or dismissal for improper venue.

3. Insufficiency of Service of Process (Rule 55.27(a)(5))
   a. Legal Standard: Service must strictly comply with Rule 54.13 for individuals and Rule 54.16 for corporations.
   b. Application: Plaintiff attempted service by leaving the summons with an unauthorized employee who is neither a registered agent nor a managing officer. Affidavit of [Name] attached as Exhibit [__].
   c. Relief Requested: Quash service and dismiss the action, or order alias summons.

4. Failure to State a Claim (Rule 55.27(a)(6))
   a. Legal Standard: A pleading must contain facts that, if true, invoke a recognizable cause of action and a legally cognizable remedy. Mo. Sup. Ct. R. 55.05.
   b. Application:
   i. Count I – Breach of Contract: Plaintiff fails to attach or adequately plead the alleged contract’s terms, consideration, or Defendant’s breach.
   ii. Count II – Negligence: Petition lacks duty allegations and proximate-cause facts.
   c. Relief Requested: Dismiss Counts I–II with prejudice.

[// GUIDANCE: Tailor each subsection with case-specific allegations, citing the petition’s paragraph numbers.]

D. Briefing Schedule & Oral Argument
1. Pursuant to [Local Rule No. __] and Mo. Sup. Ct. R. 44.01(c), Defendant respectfully proposes the following briefing schedule, subject to the Court’s approval:
• Plaintiff’s opposition due within [15] days of service of this Motion.
• Defendant’s reply due within [10] days thereafter.
2. Defendant requests oral argument not to exceed [20] minutes per side, believing that argument will assist the Court in resolving factual distinctions among the asserted grounds.

III. PRAYER FOR RELIEF

WHEREFORE, Defendant [NAME] respectfully prays that the Court:

A. Dismiss the Petition in its entirety, or such counts as the Court deems proper, under Mo. Sup. Ct. R. 55.27(a);
B. In the alternative, transfer this action to [Proper County] pursuant to § 508.010, RSMo;
C. Quash improper service and require Plaintiff to effect proper service, if warranted;
D. Award Defendant its reasonable costs and such other relief as the Court deems just and proper.

IV. CERTIFICATE OF SERVICE

I certify that on this [] day of [Month], 20[], a true and correct copy of the foregoing was served via [method—e.g., Missouri eFiling system, first-class mail] upon:

[Opposing Counsel Name]
[Law Firm]
[Address]
[Email]

/ s / [Attorney Name]
[ATTORNEY NAME], # [MO BAR NO.]
[Law Firm]
[Address] | [Phone] | [Email]
Counsel for Defendant [NAME]

EXHIBIT A – PROPOSED ORDER

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[__] JUDICIAL CIRCUIT
[CAPTION SAME AS ABOVE]

ORDER

On this ___ day of ____, 20__, the Court, having considered Defendant’s Motion to Dismiss, Plaintiff’s response, any reply, and arguments of counsel, finds that the Motion should be and hereby is:

[ ] GRANTED in its entirety. The Petition is dismissed [with/without] prejudice.
[ ] GRANTED in part as to Count(s) __.
[ ] DENIED.
[ ] TRANSFERRED to _____ County, Missouri.
[ ] Service of process is quashed; Plaintiff shall serve Defendant within ___ days.

SO ORDERED.

JUDGE [NAME]
[Division No.]

[// GUIDANCE: Include blank check-boxes so the Court may select the applicable disposition or draft separate alternative orders to upload in the eFiling system, as some circuits require.]

[// GUIDANCE:
1. Verify local rules for page limits, font requirements, and whether a separate “Notice of Hearing” must accompany the motion.
2. Insert the Court’s electronic filing header if required (e.g., “Filed: [Timestamp]” for Missouri eFiling).
3. Double-check statutory citations (§ 506.500, § 508.010) and Supreme Court Rules (55.27, 44.01, 54.13, 54.16, 55.05) for accuracy and currency prior to filing.
4. Preserve all Rule 55.27 defenses by raising them together; omitted grounds are waived except as allowed under Rule 55.27(g)(2).
5. If relying on matters outside the pleadings for any ground, label the motion “Motion to Dismiss or, in the Alternative, Motion for Summary Judgment” and comply with Rule 74.04.
6. Replace bracketed placeholders with client- and case-specific data, remove guidance comments, and confirm compliance with any standing orders of the assigned judge.]