IN THE ☐ CIRCUIT ☐ CHANCERY COURT OF
[COUNTY] COUNTY, MISSISSIPPI

[PLAINTIFF NAME(S)], )
Plaintiff(s), )
)
v. ) Civil Action No. [___]
)
[DEFENDANT NAME(S)], )
Defendant(s). )
____________ )

DEFENDANT’S MOTION TO DISMISS
(Miss. R. Civ. P. 12(b)[SELECTED GROUNDS])

[// GUIDANCE: Begin with the most comprehensive title that tracks the specific
subsections of Rule 12(b) invoked (e.g., “12(b)(1), (2), and (6)”). This helps
the clerk’s office docket the motion accurately and alerts opposing counsel to
each asserted ground.]

TABLE OF CONTENTS

I. Motion .............................................................................2
II. Memorandum of Authorities........................................3
A. Procedural Posture ................................................4
B. Legal Standards ....................................................4
C. Argument ................................................................5
1. Lack of Subject-Matter Jurisdiction (12(b)(1)) .....5
2. Lack of Personal Jurisdiction (12(b)(2)) ..............6
3. Insufficiency of Process/Service (12(b)(4)–(5))....7
4. Failure to State a Claim (12(b)(6)) ........................8
5. Additional Grounds (if any) ..................................9
D. Request for Oral Argument ..................................10
E. Briefing Schedule Compliance ................................11
III. Prayer for Relief .........................................................12
IV. Rule 11 Certification ..................................................12
V. 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 Mississippi Rule of Civil Procedure
12(b)([INSERT]), respectfully moves this Court to dismiss the Complaint filed
by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety, or in the
alternative to dismiss such portions as set forth below. In support hereof,
Defendant states as follows:

1. On [DATE], Plaintiff filed the Complaint asserting claims for
   [LIST CAUSES OF ACTION] arising out of [BRIEF FACTUAL ALLEGATION].

2. The Complaint is subject to dismissal because:
   a. this Court lacks subject-matter jurisdiction (Miss. R. Civ. P. 12(b)(1));
   b. this Court lacks personal jurisdiction over Defendant
   (Miss. R. Civ. P. 12(b)(2));
   c. service of process was insufficient (Miss. R. Civ. P. 12(b)(5));
   d. and/or Plaintiff has failed to state a claim upon which relief can be
   granted (Miss. R. Civ. P. 12(b)(6)).

3. Contemporaneously herewith, Defendant submits a Memorandum of
   Authorities, incorporated fully herein, which sets forth in detail the
   legal and factual bases for dismissal.

4. Pursuant to Uniform Circuit & County Court Rule 4.02 and Uniform Chancery
   Court Rule 4.03, Plaintiff’s response is due within ten (10) days after
   service of this Motion, and Defendant’s rebuttal (if any) is due within
   five (5) days thereafter.

5. Defendant respectfully requests oral argument only if the Court
   determines that such argument would aid its decisional process. See
   Miss. R. Civ. P. 78.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant this
Motion, dismiss Plaintiff’s Complaint with prejudice (or as otherwise
specified), tax all costs to Plaintiff, and award such further relief as the
Court deems just and proper.

Respectfully submitted this the ___ day of [MONTH], 20__.

[DEFENDANT NAME]
By: /s/ [ATTORNEY NAME]
[ATTORNEY NAME] (MSB #_)
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]

II. MEMORANDUM OF AUTHORITIES

A. Procedural Posture
Plaintiff filed the Complaint on [DATE]. Defendant was served on [DATE].
No discovery has commenced, and no scheduling order has issued. This Motion
is timely under Miss. R. Civ. P. 12(b), which permits filing “before
pleading if a further pleading is permitted.”

B. Legal Standards
1. Rule 12(b)(1) – Subject-Matter Jurisdiction
The Court must dismiss an action if it lacks subject-matter jurisdiction
at any stage of the proceedings. Miss. R. Civ. P. 12(h)(3).

2. Rule 12(b)(2) – Personal Jurisdiction
   The plaintiff bears the burden of establishing personal jurisdiction once
   it is challenged. Allegations must satisfy Mississippi’s long-arm
   statute and traditional notions of fair play and substantial justice.

3. Rule 12(b)(6) – Failure to State a Claim
   Dismissal is proper when the complaint fails to plead “enough facts to
   state a claim to relief that is plausible on its face.” (Adopting the
   Twombly/Iqbal plausibility standard under Mississippi law.)

[// GUIDANCE: Practitioners may wish to cite controlling Mississippi Supreme
Court precedent interpreting Rule 12(b)(6). Omitted here per Citation Policy.]

C. Argument
1. Lack of Subject-Matter Jurisdiction.
[INSERT ANALYSIS.]

2. Lack of Personal Jurisdiction.
   [INSERT ANALYSIS.]

3. Insufficient Process/Service.
   [INSERT ANALYSIS.]

4. Failure to State a Claim.
   a. [Count I – Enumerate Elements & Deficiencies]
   b. [Count II – Enumerate Elements & Deficiencies]

5. Additional Grounds (If Any).
   [e.g., Statute of Limitations, Res Judicata, etc.]

D. Request for Oral Argument
Pursuant to Miss. R. Civ. P. 78, Defendant requests oral argument only if the
Court determines that it would materially assist in resolving factual or
legal issues.

E. Briefing Schedule Compliance
This Motion complies with Unif. Cir. & Cty. R. 4.02 and Unif. Chan. Ct.
R. 4.03. Defendant will promptly coordinate with the Court’s administrator
to obtain a hearing date, if the Court desires oral argument.

III. PRAYER FOR RELIEF

Defendant respectfully requests that the Court:

1. GRANT this Motion;
2. DISMISS the Complaint with prejudice (or as otherwise specified);
3. AWARD costs and fees as justice requires; and
4. GRANT such other relief as the Court deems just and proper.

IV. RULE 11 CERTIFICATION

Undersigned counsel certifies that this Motion is submitted in good faith,
is well-grounded in fact and warranted by existing law or a good-faith
argument for the extension, modification, or reversal of existing law, and
is not interposed for any improper purpose. See Miss. R. Civ. P. 11(b).

V. CERTIFICATE OF SERVICE

I, [ATTORNEY NAME], do hereby certify that I have this date electronically
filed the foregoing with the Clerk of the Court using the MEC system, which
sent notification of such filing to all counsel of record. If any party is
not participating in MEC, I have served that party via [U.S. Mail / other
appropriate method] at the address shown below.

This the ___ day of [MONTH], 20__.

/s/ [ATTORNEY NAME]
[ATTORNEY NAME]

EXHIBIT A – PROPOSED ORDER

IN THE ☐ CIRCUIT ☐ CHANCERY COURT OF
[COUNTY] COUNTY, MISSISSIPPI

[PLAINTIFF NAME(S)] )
Plaintiff(s), )
)
v. ) Civil Action No. [_]
)
[DEFENDANT NAME(S)], )
Defendant(s). )
____________ )

ORDER OF DISMISSAL

THIS MATTER is before the Court on Defendant’s Motion to Dismiss filed under
Miss. R. Civ. P. 12(b). The Court, having considered the motion, the
responses, the applicable law, and being otherwise fully advised in the
premises, finds that the motion is well-taken and should be GRANTED.

IT IS, THEREFORE, ORDERED AND ADJUDGED that:

1. Defendant’s Motion to Dismiss is GRANTED;
2. Plaintiff’s Complaint is hereby DISMISSED WITH PREJUDICE; and
3. All costs are taxed to Plaintiff.

SO ORDERED, this the ___ day of [MONTH], 20__.

JUDGE [NAME]

Prepared by:
[ATTORNEY NAME] (MSB #_____)
[LAW FIRM NAME] | [ADDRESS] | [PHONE]

END OF TEMPLATE

[// GUIDANCE: • Replace bracketed placeholders with case-specific details.
• If asserting fewer than all Rule 12(b) defenses, delete inapplicable
sections.
• Always verify county-specific local rules; some circuits maintain special
motion calendars or require written notice of hearing beyond the uniform
rules.
• Consider attaching evidentiary materials (e.g., affidavits) only when the
motion presents matters outside the pleadings and you want conversion to a
Rule 56 summary-judgment motion. Otherwise, confine argument to the four
corners of the Complaint.
• For Chancery practice, confirm whether the Chancellor prefers separate
“Memorandum of Authorities” filings. The template integrates the memo to
streamline submission, but you may separate the filings if local custom
dictates.
]