STATE OF NEW HAMPSHIRE

[PLACEHOLDER: County] Superior Court

[PLACEHOLDER: Docket Number]

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
Defendant.

DEFENDANT’S MOTION TO DISMISS

(Pursuant to New Hampshire Superior Court Civil Rule 12)

[// GUIDANCE: Delete or modify bracketed text before filing. Conform caption to the exact style used by the clerk’s office where the action is pending.]

TABLE OF CONTENTS

1. Introduction ..................................................... 1
2. Procedural Posture & Applicable Motion Standard .................. 1
3. Statement of Alleged Facts (Accepted as True Solely for this Motion) ........................................................... 2
4. Argument .......................................................... 3
   4.1 Failure to State a Claim Upon Which Relief Can Be Granted ..... 3
   4.2 [Optional] Lack of Subject-Matter Jurisdiction ................ 4
   4.3 [Optional] Insufficiency of Process or Service of Process ..... 4
5. Request for Oral Argument ........................................ 5
6. Conclusion ........................................................ 5
7. Certification of Word Count (Rule-Specific, if Applicable) ....... 6
8. Certificate of Service ........................................... 6

1. INTRODUCTION

Defendant [Defendant Name] (“Defendant”) respectfully moves this Court, pursuant to New Hampshire Superior Court Civil Rule 12, to dismiss Plaintiff [Plaintiff Name]’s (“Plaintiff”) [identify pleading: Complaint/Amended Complaint] in its entirety. As demonstrated below, Plaintiff fails to plead facts that, even if accepted as true, establish any cognizable cause of action under New Hampshire law.

2. PROCEDURAL POSTURE & APPLICABLE MOTION STANDARD

1. On [Date Complaint Filed], Plaintiff filed the Complaint alleging [brief description of claims].
2. Pursuant to Superior Court Civil Rule 12, a complaint may be dismissed when it fails to set forth allegations that, if proven, entitle the pleader to relief. The Court must accept well-pleaded facts as true but is “not required to accept the plaintiff’s legal conclusions.”
3. Under Rule 12, an objection to this Motion is due 10 days after filing unless the Court orders otherwise. A reply, if any, must be filed within 10 days after service of the objection. The Court may decide the Motion on the papers or schedule oral argument at its discretion.

[// GUIDANCE: Confirm current response times; some complex cases are governed by case-specific scheduling orders.]

3. STATEMENT OF ALLEGED FACTS

(The following facts are drawn exclusively from the Complaint and are assumed true solely for purposes of this Motion.)

1. [Summarize alleged facts paragraph-by-paragraph, mirroring Complaint citations: e.g., “Compl. ¶ __.”]
2. [...]

[// GUIDANCE: Keep this section neutral; do not introduce outside evidence unless converting to a Rule 56 motion for summary judgment.]

4. ARGUMENT

4.1 Plaintiff Fails to State a Claim Upon Which Relief Can Be Granted

1. Essential Elements Pleading Deficiency
   a. To state a claim for [e.g., negligence, breach of contract, etc.], Plaintiff must plead [list elements briefly].
   b. Plaintiff alleges [cite paragraphs]; however, these allegations are wholly conclusory and do not satisfy the required elements because [explain deficiencies].

2. Legal Conclusions Insufficient
   The Complaint repeatedly substitutes labels (e.g., “reckless,” “willful”) for factual averments. New Hampshire law requires more than “a formulaic recitation of the elements of a cause of action.”

3. Speculative Damages
   Plaintiff’s demand for [e.g., consequential damages] is speculative and unsupported by any factual predicate.

[// GUIDANCE: If multiple counts, replicate subsection 4.1 for each count or create 4.1.1, 4.1.2, etc.]

4.2 [Optional] This Court Lacks Subject-Matter Jurisdiction

1. [Explain jurisdictional deficiency, e.g., amount-in-controversy threshold for Circuit Court, exclusive federal jurisdiction, probate exception, etc.]

4.3 [Optional] Insufficiency of Process or Service of Process

1. [Explain defect: e.g., improper service under RSA 510, failure to file Return of Service, etc.]

5. REQUEST FOR ORAL ARGUMENT

Pursuant to Superior Court Rule 12(d), Defendant requests oral argument on this Motion and estimates that [0.25 / 0.5] hour will be required. Oral argument will aid the Court because [brief justification—e.g., complex statutory interpretation, multiple claims, importance of precedent].

[// GUIDANCE: If you do not want oral argument, indicate “Defendant does not request oral argument unless the Court believes it would be helpful.”]

6. CONCLUSION

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

1. Dismiss Plaintiff’s Complaint in its entirety with prejudice; and
2. Grant such other and further relief as the Court deems just and proper.

7. CERTIFICATION OF WORD COUNT

[If the Court’s case-specific order imposes a word-count limit, include a certification here. Otherwise delete.]

8. CERTIFICATE OF SERVICE

I certify that on [Date] a copy of the foregoing Motion to Dismiss was electronically filed (or, if no e-filing system, mailed via first-class mail) to:

• [Plaintiff Counsel Name & Address]
• [Any Additional Counsel or Pro Se Parties]

Date: [Date]

Respectfully submitted,

[Attorney Name, Bar No.]
Attorney for Defendant
[Law Firm Name]
[Street Address]
[City, State ZIP]
[Telephone] | [Email]

[// GUIDANCE:
1. Attach a supporting Memorandum of Law if your judicial officer requires motions and memoranda to be filed separately.
2. Always check local administrative orders for pagination, font, and margin requirements.
3. Include a proposed order if the court’s procedural rules or individual judge’s preferences so require.
4. Verify compliance with RSA 490:26-g regarding electronic filing and signatures, if applicable.
]