NEW JERSEY STATE COURT

MOTION TO DISMISS TEMPLATE

[// GUIDANCE: Drafted for use in the New Jersey Superior Court, Civil Part (Law Division or Chancery Division). Confirm venue, vicinage, and motion day with the local Civil Case Management Office before filing.]

0. Document Checklist

1. Notice of Motion
2. Certification of Counsel (Rule-compliant affidavit)
3. Brief in Support of Motion to Dismiss (with Table of Contents)
4. Proposed Form of Order
5. Proof/Certificate of Service

[// GUIDANCE: Attach any additional certifications or exhibits only if the motion is brought under R. 4:6-2(b)–(d) and you need to place facts outside the pleadings before the Court. Otherwise, for an R. 4:6-2(e) motion, the Court will treat the facts in the Complaint as true.]

1. Caption & Case Header (Use on ALL Motion Papers)

text
[COURT NAME – e.g., “SUPERIOR COURT OF NEW JERSEY”]
[DIVISION – “LAW DIVISION” or “CHANCERY DIVISION”]
[COUNTY] VICINAGE

[PLAINTIFF NAME], : Docket No. [DOCKET NO.]
Plaintiff, :
v. : Civil Action
:
[DEFENDANT NAME], : NOTICE OF MOTION TO DISMISS
Defendant. : (R. 4:6-2[SELECT SUBSECTION])
______ :

Return Date: [RETURN DATE] Oral Argument: [REQUESTED / NOT REQUESTED]
[// GUIDANCE: The “Return Date” must be a regularly-scheduled motion day at least 16 days after service under R. 1:6-3(a).]

2. NOTICE OF MOTION

text
TO: [OPPOSING COUNSEL NAME & ADDRESS]

PLEASE TAKE NOTICE that on [RETURN DATE] at [TIME] a.m., or as soon thereafter
as counsel may be heard, the undersigned attorneys for Defendant
[DEFENDANT NAME] shall move before the above-captioned Court for an Order
dismissing the Complaint [in its entirety / as to specific counts] with
prejudice pursuant to R. 4:6-2([a–f]), specifically [IDENTIFY BASIS, e.g.,
“(e) – failure to state a claim upon which relief can be granted”].

In support of this Motion, Defendant relies upon:
1. the accompanying Certification of Counsel;
2. the Brief in Support of Motion to Dismiss;
3. the Proposed Form of Order; and
4. such oral argument and supplemental submissions as the Court may permit.

Pursuant to R. 1:6-2(d), oral argument is [affirmatively requested / waived].

Dated: [DATE]

[LAW FIRM NAME]
Attorneys for Defendant [DEFENDANT NAME]

By: _______
[ATTORNEY NAME], Esq.
[N.J. Attorney ID No.]

3. CERTIFICATION OF COUNSEL

(R. 1:4-4 & R. 1:6-6)

text
I, [ATTORNEY NAME], of full age, certify as follows:

1. I am an attorney at law of the State of New Jersey and a member of
   [LAW FIRM NAME], attorneys for Defendant [DEFENDANT NAME] in this matter.
2. I have reviewed the pleadings served in this action and am familiar
   with the facts and procedural posture of the case.
3. This Motion is made in good faith and not for the purpose of delay.
4. Pursuant to R. 1:6-3(a), these moving papers are served at least
   16 days before the noticed Return Date; opposition papers are due
   8 days before the Return Date and reply papers, if any, 4 days before.
5. A good-faith effort to resolve or narrow the issues was made by
   conferring with opposing counsel on [DATE]; no resolution could be reached.

I certify that the foregoing statements made by me are true. I am aware that
if any of the foregoing statements are willfully false, I am subject to
punishment.

Dated: [DATE] _________
[ATTORNEY NAME], Esq.

4. BRIEF IN SUPPORT OF MOTION TO DISMISS

TABLE OF CONTENTS

text
I. Preliminary Statement.........................................[ ]
II. Procedural & Factual Background...............................[ ]
III. Legal Standard Governing R. 4:6-2 Motions.....................[ ]
IV. Argument......................................................[ ]
A. [First Independent Ground for Dismissal]...................[ ]
B. [Second Independent Ground for Dismissal]..................[ ]
V. Conclusion....................................................[ ]

I. Preliminary Statement

[PLACEHOLDER: Concise overview (1–2 paragraphs) explaining why dismissal is warranted.]

II. Procedural & Factual Background

[// GUIDANCE: For an R. 4:6-2(e) motion, include only those facts alleged in the Complaint, expressly stating that they are assumed true solely for purposes of the motion.]

III. Legal Standard

1. R. 4:6-2([a–f]) authorizes the Court to dismiss a pleading for the enumerated defenses, including “(e) failure to state a claim upon which relief can be granted.”
2. When deciding such a motion, the Court must accept all well-pleaded facts as true and accord the plaintiff all reasonable inferences. The motion may be granted only if the asserted claim is “palpably insufficient as a matter of law.”
3. Matters outside the pleadings convert the motion into one for summary judgment (R. 4:6-2), therefore Defendant relies solely on the pleadings.

IV. Argument

A. The Complaint Fails to Plead the Essential Elements of [CAUSE OF ACTION]
1. Element 1: [Explain deficiency]
2. Element 2: …
B. [Alternative / Additional Basis for Dismissal]
• [Jurisdictional defect; statute of limitations; immunity; etc.]

[// GUIDANCE: Use numbered/lettered sub-sections for clarity. Align each argument with a specific count of the Complaint.]

V. Conclusion

For the foregoing reasons, Defendant respectfully requests that the Court dismiss the [Complaint / specified counts] with prejudice and award such other relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]
By: _________
[ATTORNEY NAME], Esq.
Attorneys for Defendant
Dated: [DATE]

5. PROPOSED FORM OF ORDER

text
SUPERIOR COURT OF NEW JERSEY
[DIVISION] – [COUNTY] VICINAGE
[CAPTION – identical to pleadings]

Civil Action ORDER GRANTING MOTION TO DISMISS
Docket No. [DOCKET NO.]

THIS MATTER having been opened to the Court on the motion of
[LAW FIRM NAME], attorneys for Defendant [DEFENDANT NAME], for an Order
dismissing the Complaint pursuant to R. 4:6-2([a–f]), and the Court having
considered the moving papers, any opposition, and for good cause shown;

IT IS on this _ day of _ 20__, ORDERED that:

1. Defendant’s Motion to Dismiss is GRANTED.
2. The Complaint [is dismissed in its entirety / Count(s) ___ are dismissed]
   with prejudice.
3. [Optional] Plaintiff shall have ___ days to file an amended pleading
   consistent with this Order.
4. A copy of this Order shall be served on all counsel within ___ days.

J.S.C.

6. CERTIFICATE OF SERVICE

text
I, [NAME], certify that on [DATE] I caused a true copy of the foregoing
Motion to Dismiss (Notice of Motion, Certification, Brief, and Proposed
Order) to be served on all counsel of record via [E-Courts electronic filing /
personal service / certified mail / email], pursuant to R. 1:5-2.

I certify that the foregoing statements are true. If any are willfully false,
I am subject to punishment.

Dated: [DATE] _________
[NAME / TITLE]

7. Key New Jersey Procedural Notes

1. Filing & Service Deadlines (R. 1:6-3(a))
   • Moving papers: ≥16 days before Return Date
   • Opposition: ≥8 days before Return Date
   • Reply: ≥4 days before Return Date

2. Format Requirements
   • Use double-spaced text with 12-point font and 1-inch margins (R. 1:6-2(a)).
   • Include page limits if local part rules impose any (check vicinage directives).

3. Oral Argument (R. 1:6-2(d))
   • Must be expressly requested on the first page of the Notice of Motion.
   • The Court has discretion to dispense with oral argument unless a timely
   request is made (mandatory only for summary-judgment motions).

4. Proposed Orders (R. 1:6-2(c))
   • Submit in editable Word format via E-Courts if e-filed.

[// GUIDANCE: Always confirm any vicinage-specific civil practice directives that modify statewide Rules (e.g., Essex, Bergen, Middlesex).]

8. Customization Placeholders

• [COURT NAME], [DIVISION], [COUNTY]
• [PLAINTIFF NAME] / [DEFENDANT NAME]
• [DOCKET NO.]
• [RETURN DATE] and [TIME]
• R. 4:6-2 subsection(s) relied upon
• Factual and legal grounds for dismissal
• [LAW FIRM NAME], [ATTORNEY NAME], NJ Attorney ID
• Service method specifics

9. Attorney Certification of Rule Compliance

[// GUIDANCE: Include any additional certifications required by local Rules (e.g., R. 4:5B-1 case management track statements) if filing contemporaneously.]

END OF TEMPLATE