[DISTRICT COURT CAPTION]

MONTANA ___ JUDICIAL DISTRICT COURT
[COUNTY] COUNTY, STATE OF MONTANA

DEFENDANT’S NOTICE OF MOTION AND MOTION TO DISMISS

[pursuant to Mont. R. Civ. P. 12(b)]

[// GUIDANCE: Insert grounds actually applicable—e.g., lack of subject-matter jurisdiction (12(b)(1)), lack of personal jurisdiction (12(b)(2)), improper venue (12(b)(3)), insufficient process/service (12(b)(4)-(5)), failure to state a claim (12(b)(6)), or failure to join a necessary party (12(b)(7)).]

1. NOTICE OF MOTION

PLEASE TAKE NOTICE that, on [HEARING DATE] at [TIME] or as soon thereafter as counsel may be heard in Department [DEPT] of the above-entitled Court, Defendant [DEFENDANT] will and hereby does move the Court for an order dismissing Plaintiff’s [Amended] Complaint in its entirety.

Pursuant to Uniform District Court Rule (“UDCR”) 2(a), Defendant respectfully [requests / waives] oral argument.

[// GUIDANCE: If local rules require a separate notice of hearing, generate that document in parallel.]

2. RELIEF REQUESTED

Defendant seeks an order:

1. Dismissing all claims with prejudice under Mont. R. Civ. P. 12(b)(____);
2. Awarding fees and costs as permitted by Mont. R. Civ. P. 54(d) and applicable authority; and
3. Granting such further relief as the Court deems just and proper.

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

I. INTRODUCTION

Plaintiff’s [describe claims] fail as a matter of law. Even accepting the well-pleaded allegations as true, Plaintiff cannot state a plausible claim for relief under Montana law because [concise reason]. Accordingly, dismissal is warranted under Mont. R. Civ. P. 12(b).

II. FACTUAL ALLEGATIONS ASSUMED TRUE SOLELY FOR THIS MOTION

[// GUIDANCE: Paraphrase complaint allegations concisely. Do not concede accuracy beyond motion standard.]

1. On [DATE], Plaintiff [summarize allegation].
2. Plaintiff further alleges [additional key allegation].
3. [Any other pertinent allegations].

III. LEGAL STANDARD

Under Mont. R. Civ. P. 12(b), a complaint must be dismissed when it [identify applicable subsection’s standard]. On a 12(b)(6) motion, the Court accepts well-pleaded facts as true but need not credit legal conclusions or speculative assertions. A claim must be “plausible on its face” to survive.

IV. ARGUMENT

A. The Court Lacks [Subject-Matter/Personal] Jurisdiction (Rule 12(b)(1)/(2))
1. [Explain jurisdictional deficiency with citations to statutes/rules only if certain.]

B. Improper Venue (Rule 12(b)(3))
1. [Explain why the chosen county or district is improper under Mont. Code Ann. § 25-2-___]

C. Failure to State a Claim (Rule 12(b)(6))
1. [Element 1] – [Why not met].
2. [Element 2] – [Why not met].
3. [Statutory/contractual bar, preemption, or affirmative defense apparent on face of complaint].

D. Failure to Join Indispensable Party (Rule 12(b)(7))
1. [Identify absent party and why joinder is required under Rule 19].

E. Any Amendment Would Be Futile
1. [Brief explanation].

[// GUIDANCE: Add or remove subsections to fit your specific grounds.]

V. CONCLUSION

For the foregoing reasons, the Court should grant Defendant’s Motion to Dismiss, dismiss all claims with prejudice, and award Defendant its costs and attorney fees as allowed by law.

Respectfully submitted this ___ day of ____, 20__.

VI. SIGNATURE BLOCK

plaintext
[LAW FIRM NAME]

By: ______
[ATTORNEY NAME], Esq.
Attorney for Defendant
[Bar No.]
[Address]
[Phone]
[Email]

VII. CERTIFICATE OF COMPLIANCE

Pursuant to UDCR 2(c), the undersigned certifies that this brief contains [WORD COUNT] words, excluding tables and certificates, and therefore complies with the applicable word-limit.

DATED this ___ day of ____, 20__.

plaintext

[ATTORNEY NAME]

VIII. CERTIFICATE OF SERVICE

I hereby certify that I served a true and correct copy of the foregoing Notice of Motion and Motion to Dismiss and Memorandum in Support on the following counsel of record by [method: e-filing / U.S. Mail / hand delivery / email] on this ___ day of ____, 20__:

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

plaintext

[ATTORNEY NAME]

PROPOSED ORDER

[// GUIDANCE: Attach as separate document if required by local rule.]

plaintext
IN THE DISTRICT COURT OF THE _ JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF ____, STATE OF MONTANA

[Caption repeats]

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Upon consideration of Defendant’s Motion to Dismiss, the briefs, and the applicable law, and good cause appearing,

IT IS HEREBY ORDERED that:

1. Defendant’s Motion to Dismiss is GRANTED.
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.
3. Defendant is awarded its costs in an amount to be determined upon timely filing of a cost bill.

DATED this ___ day of ____, 20__.

DISTRICT COURT JUDGE

KEY MONTANA PROCEDURAL NOTES

[// GUIDANCE: Delete before filing.]

1. Briefing Schedule (UDCR 2(b)):
   • Response due 21 days after service of motion.
   • Reply due 14 days after service of response.
   • Failure to file timely may be deemed consent to the motion.

2. Oral Argument (UDCR 2(a)):
   • Must be specifically requested; otherwise motion is deemed submitted on briefs unless the Court orders a hearing.

3. Hearing Notice (M.R. Civ. P. 6(c)(1)):
   • Unless the Court orders otherwise, notices of hearing must be served at least 14 days before the hearing date.

4. Word Limits (UDCR 2(c)):
   • Opening and response briefs: 10,000 words.
   • Reply briefs: 5,000 words.

5. Exhibits & Affidavits:
   • Attach only those necessary for Rule 12(b) motions; extrinsic evidence may convert a 12(b)(6) motion into summary judgment.

[// GUIDANCE: Confirm all local standing orders for the specific judge or county, as they may override default UDCR timelines or formatting requirements.]