**STATE OF NORTH CAROLINA

__ COUNTY**
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR / DISTRICT] COURT DIVISION
Case No. [____]

[PLAINTIFF NAME(S)],
  Plaintiff(s),
v.
[DEFENDANT NAME(S)],
  Defendant(s).

MOTION TO DISMISS

(Pursuant to N.C. R. Civ. P. 12)

[Effective Date of Motion: ____]

[// GUIDANCE: This litigation template is drafted for use in any North Carolina state trial court. Check local rules for the county or the North Carolina Business Court before filing to confirm formatting, e-filing, and calendaring particulars.]

TABLE OF CONTENTS

1. Notice of Motion and Relief Requested
2. Procedural Posture
3. Statement of Relevant Facts
4. Legal Standards
   4.1 Rule 12(b)(1): Lack of Subject-Matter Jurisdiction
   4.2 Rule 12(b)(2): Lack of Personal Jurisdiction
   4.3 Rule 12(b)(3): Improper Venue
   4.4 Rule 12(b)(4)/(5): Insufficiency of Process or Service
   4.5 Rule 12(b)(6): Failure to State a Claim
   4.6 Rule 12(b)(7): Failure to Join Necessary Party
5. Argument
6. Conclusion & Prayer for Relief
7. Request for Oral Argument
8. Verification (if required)
9. Certificate of Compliance with Word-Count / Page Limits (if applicable)
10. Certificate of Service
11. Proposed Order (Attachment A)

1. NOTICE OF MOTION AND RELIEF REQUESTED

PLEASE TAKE NOTICE that, pursuant to Rule 12 of the North Carolina Rules of Civil Procedure, Defendant [DEFENDANT NAME] respectfully moves this Court for an order dismissing Plaintiff’s Complaint in its entirety—or, in the alternative, dismissing the specific claims identified herein—for the reasons set forth below and in the accompanying memorandum of law.

[// GUIDANCE: Under Rule 6(d), the motion must be served at least five (5) days before the noticed hearing date; local rules may impose additional lead time or electronic-filing cutoffs.]

2. PROCEDURAL POSTURE

1. Plaintiff filed the Complaint on [DATE], asserting claims for [LIST CAUSES OF ACTION].
2. Defendant was served on [DATE] and timely files this Motion within the period permitted by N.C. Gen. Stat. § 1A-1, Rule 12(a).
3. No responsive pleading has yet been filed, and therefore this Motion is timely under Rule 12(b).

3. STATEMENT OF RELEVANT FACTS

[Provide concise, numbered paragraphs reciting only those facts necessary to decide the motion. Cite to the pleadings, documents subject to judicial notice, and any exhibits permissible on a Rule 12 motion.]

4. LEGAL STANDARDS

4.1 Rule 12(b)(1) – Lack of Subject-Matter Jurisdiction
 The Court must dismiss any action over which it lacks subject-matter jurisdiction. N.C. Gen. Stat. § 1A-1, Rule 12(b)(1).

4.2 Rule 12(b)(2) – Lack of Personal Jurisdiction
 Plaintiff bears the burden of establishing jurisdiction over a non-resident defendant. See N.C. Gen. Stat. § 1-75.4 (long-arm statute).

4.3 Rule 12(b)(3) – Improper Venue
 Venue is proper only in the county prescribed by statute; improper venue warrants dismissal or transfer.

4.4 Rule 12(b)(4)/(5) – Insufficiency of Process / Service of Process
 A defect apparent on the face of the summons or in its service mandates dismissal.

4.5 Rule 12(b)(6) – Failure to State a Claim
 A complaint must be dismissed when:
 (a) no law supports the claim,
 (b) the complaint lacks sufficient facts to state a valid claim, or
 (c) an insurmountable bar to recovery is disclosed on the face of the pleading. See N.C. Gen. Stat. § 1A-1, Rule 12(b)(6).

4.6 Rule 12(b)(7) – Failure to Join a Necessary Party
 Dismissal is required where an indispensable party has not been joined and joinder is not feasible.

5. ARGUMENT

[// GUIDANCE: Select only the subsections that apply to your case and delete the rest.]

5.1 The Court Lacks Subject-Matter Jurisdiction (Rule 12(b)(1))

[Insert analysis—e.g., exclusive federal jurisdiction, agency review prerequisite, amount-in-controversy threshold, etc.]

5.2 The Court Lacks Personal Jurisdiction Over Defendant (Rule 12(b)(2))

[Explain why defendant has insufficient minimum contacts with North Carolina or why the long-arm statute does not reach the conduct.]

5.3 Venue Is Improper in This County (Rule 12(b)(3))

[Identify statutory venue rule and show plaintiff filed in wrong county; request dismissal or transfer.]

5.4 Insufficiency of Process/Service (Rule 12(b)(4)/(5))

[Detail defects in summons or service (e.g., wrong entity name, untimely service, failure to serve authorized agent).]

5.5 The Complaint Fails to State Any Claim Upon Which Relief Can Be Granted (Rule 12(b)(6))

1. Element 1 missing: [analysis]
2. Element 2 missing: [analysis]
3. Affirmative bar (statute of limitations, statute of frauds, preemption): [analysis]

[// GUIDANCE: North Carolina remains a “notice-pleading” jurisdiction, but courts dismiss claims that are merely conclusory or legally impossible. Cite controlling state precedent if available.]

5.6 Plaintiff Failed to Join a Necessary Party (Rule 12(b)(7))

[Identify the absent party and explain why complete relief cannot be accorded without that party.]

6. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss the Complaint in its entirety with prejudice (or dismiss the following claims: ____);
B. Tax costs to Plaintiff; and
C. Grant such other and further relief as the Court deems just and proper.

7. REQUEST FOR ORAL ARGUMENT

Pursuant to [LOCAL RULE Reference], Defendant requests oral argument. Defendant estimates argument will require approximately [30] minutes.

[// GUIDANCE: Many counties automatically schedule oral argument; in others you must affirmatively request it. Business Court Rule 7.4 requires a request within the motion.]

8. VERIFICATION (Include only if required—e.g., when challenging personal jurisdiction with facts outside the record.)

I, [NAME], being duly sworn, state that the foregoing Motion is true to the best of my knowledge and belief.

[NAME]
[DATE]

9. CERTIFICATE OF COMPLIANCE (if local rules impose word/page limits)

I certify that this Motion contains [____] words, excluding the parts exempted by [LOCAL RULE citation].

10. CERTIFICATE OF SERVICE

I hereby certify that on this the ___ day of ____, 20__, I served a copy of the foregoing MOTION TO DISMISS on all counsel of record by:

[ ] NC e-Filing system [ ] Email [ ] U.S. Mail [ ] Hand Delivery

to:

[PLAINTIFF’S COUNSEL NAME]
[ADDRESS / EMAIL]

[DEFENSE COUNSEL NAME]
Attorney for Defendant
[BAR NO.]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

11. PROPOSED ORDER

(Attach as “Exhibit A” or file separately per local practice.)

STATE OF NORTH CAROLINA, _ COUNTY
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR / DISTRICT] COURT DIVISION
Case No. [_]

[PLAINTIFF], )
  Plaintiff )
v. ) ORDER GRANTING
[DEFENDANT], ) MOTION TO DISMISS
  Defendant )

THIS MATTER, coming before the Court on Defendant’s Motion to Dismiss pursuant to Rule 12 of the North Carolina Rules of Civil Procedure, and the Court having considered the pleadings, memoranda, and arguments of counsel, it is hereby ORDERED, ADJUDGED, and DECREED that:

1. Defendant’s Motion to Dismiss is GRANTED.
2. Plaintiff’s Complaint is DISMISSED [WITH] / [WITHOUT] PREJUDICE.
3. Costs are taxed to Plaintiff.

SO ORDERED, this ___ day of ____, 20__.

Judge Presiding

END OF TEMPLATE

[// GUIDANCE:
1. Insert county-specific or Business Court rule citations where brackets appear.
2. Confirm service method complies with N.C. R. Civ. P. 5 and any mandatory e-filing rules.
3. If asserting factual matters outside the pleadings (e.g., for personal-jurisdiction challenge), attach supporting affidavits and reference them in the motion.
4. Update signature blocks to reflect firm branding and bar numbers.
5. Always check the latest local rules and administrative orders for calendaring, page limits, and formatting nuances.]