IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF NORTH DAKOTA

[JUDICIAL DISTRICT]

[COURT FILE NO. ____]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

NOTICE OF MOTION AND MOTION TO DISMISS

[// GUIDANCE: Insert hearing date/time only if already obtained from the clerk pursuant to N.D.R.Ct. 3.2(b). If no hearing date is obtained, leave the bracketed text below and the motion will be decided on briefs unless any party later timely requests oral argument.]

PLEASE TAKE NOTICE that on [DATE & TIME] or as soon thereafter as counsel may be heard, at the [COURTROOM NUMBER/LOCATION], Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, will move this Court pursuant to N.D. R. Civ. P. 12(b)([2]/[4]/[5]/[6]) for an Order dismissing the Complaint of Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety, with prejudice, and granting such other relief as the Court deems just.

DATED: [DATE]

Respectfully submitted,

[ATTORNEY NAME], ND Bar #__
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Defendant

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

[// GUIDANCE: Keep memorandum beginning on a new page per best practice; combine with motion if local practice permits.]

TABLE OF CONTENTS

1. Introduction.......................................................... [page]
2. Procedural Background.................................................. [page]
3. Statement of Relevant Facts............................................ [page]
4. Standard of Review..................................................... [page]
5. Argument............................................................... [page]
   5.1 Count I Fails to State a Claim..................................... [page]
   5.2 Count II is Barred by Statute of Limitations....................... [page]
   5.3 [Additional Grounds]............................................... [page]
6. Conclusion & Relief Requested......................................... [page]
7. Request for Oral Argument............................................. [page]
8. Compliance with N.D.R.Ct. 3.2......................................... [page]
9. Certificate of Compliance............................................. [page]
10. Certificate of Service............................................... [page]

1. Introduction

Defendant respectfully requests dismissal of Plaintiff’s Complaint because it fails to state any claim upon which relief may be granted and is otherwise procedurally and substantively deficient under North Dakota law.

2. Procedural Background

[// GUIDANCE: Briefly outline filings, service dates, prior orders, and any pending motions.]

3. Statement of Relevant Facts

[// GUIDANCE: Provide only those well-pleaded facts from the Complaint and any judicially noticeable facts. Do not introduce new evidence on a Rule 12(b)(6) motion.]

4. Standard of Review

Pursuant to N.D. R. Civ. P. 12(b)(6), the Court must dismiss a complaint that fails to articulate “a claim upon which relief can be granted.” All well-pleaded factual allegations are accepted as true, and reasonable inferences are drawn in favor of the non-moving party; however, “labels and conclusions” or “a formulaic recitation of the elements” do not suffice. See N.D. R. Civ. P. 8(a); cf. Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007).

[// GUIDANCE: North Dakota courts routinely follow the Twombly/Iqbal plausibility standard; omit federal citation if undesired.]

5. Argument

5.1 Count I — Failure to State a Claim

[INSERT ANALYSIS: Identify elements, show how pled facts do not satisfy each element, cite controlling ND statutes/rules.]

5.2 Count II — Statute of Limitations Bar

[INSERT ANALYSIS: Identify statute and limitation period, show dates from Complaint, explain bar.]

5.3 [Additional Grounds]

[// GUIDANCE: Add jurisdictional defects (Rule 12(b)(2)), insufficient service (Rule 12(b)(5)), etc., as applicable.]

6. Conclusion & Relief Requested

For the foregoing reasons, Defendant respectfully requests that the Court:

1. Grant this Motion and dismiss Plaintiff’s Complaint with prejudice;
2. Award Defendant its costs and disbursements as allowed by law; and
3. Grant such other and further relief as the Court deems equitable and just.

7. Request for Oral Argument

Pursuant to N.D.R.Ct. 3.2(b), Defendant [☐ does / ☐ does not] request oral argument.
[// GUIDANCE: If “does” is selected, ensure a hearing date has been obtained from the clerk and is stated in the Notice of Motion.]

8. Compliance with N.D.R.Ct. 3.2

This Motion is supported by:

a. This memorandum of law;
b. The pleadings and papers on file; and
c. Any other matters the Court may consider.

Opposing counsel must serve and file any response brief within 14 days after service of this memorandum (N.D.R.Ct. 3.2(a)(2)). Defendant may serve a reply brief within 7 days thereafter. The motion will be deemed submitted on the briefs upon expiration of the reply period unless the Court orders otherwise or schedules oral argument.

9. Certificate of Compliance

I certify that this memorandum contains [WORD COUNT] words, exclusive of the caption, tables, signature blocks, and certificates, and therefore complies with any applicable page- or word-limit requirements of the North Dakota Rules of Court.

DATED: [DATE]

[ATTORNEY NAME]

10. Certificate of Service

I hereby certify that on [DATE], I served the foregoing Notice of Motion, Motion to Dismiss, Memorandum of Law, and proposed Order upon all counsel of record via [☐ electronic filing service / ☐ email / ☐ U.S. Mail], pursuant to N.D. R. Civ. P. 5 and N.D. Sup. Ct. Admin. Order 14.

[ATTORNEY NAME]

[DRAFT] ORDER GRANTING MOTION TO DISMISS

[// GUIDANCE: Submit as a separate proposed order if local practice requires.]

The Court, having considered Defendant’s Motion to Dismiss, the memoranda, the pleadings on file, and being otherwise fully advised in the premises, FINDS and ORDERS:

1. The Motion is GRANTED.
2. Plaintiff’s Complaint is dismissed with prejudice.
3. Judgment shall be entered accordingly.
4. [Costs and disbursements are taxed upon proper application.]

DATED: ___, 20___

Judge of the District Court
[Print Name]

[// GUIDANCE SUMMARY:
1. Adapt counts and arguments to the specific claims pled.
2. Verify all blanks and placeholders.
3. Attach unpublished opinions only as permitted by local rule.
4. Obtain hearing date before finalizing Notice if oral argument is requested.
5. Keep affidavits/exhibits to Rule 12(b)(6) exclusions (i.e., pleading, public record).]