[COURT SEAL OR CAPTION HEADER, IF REQUIRED BY LOCAL RULE]

IN THE [] JUDICIAL DISTRICT COURT
COUNTY OF [______], STATE OF NEW MEXICO

[PLAINTIFF NAME(S)], )
Plaintiff[s], )
)
v. ) No. D-[___]-CV-[YEAR]-[#####]
)
[DEFENDANT NAME(S)], )
Defendant[s]. )

DEFENDANT[S]’ MOTION TO DISMISS PURSUANT TO RULE 1-012(B) NMRA

ORAL ARGUMENT REQUESTED 1
[// GUIDANCE: Insert “ORAL ARGUMENT REQUESTED” only if counsel seeks a hearing. Under Rule 1-007.1(D) NMRA, the Court may decide motions on the papers unless it orders, or a party timely requests, oral argument.]

TABLE OF CONTENTS2

1. Introduction & Relief Requested
2. Relevant Procedural History and Facts Assumed True for Purposes of this Motion
3. Governing Legal Standards
   3.1 Rule 1-012(B)(1) – Lack of Subject-Matter Jurisdiction
   3.2 Rule 1-012(B)(2) – Lack of Personal Jurisdiction / Insufficient Service
   3.3 Rule 1-012(B)(6) – Failure to State a Claim
4. Argument
   A. The Court Lacks [Subject-Matter/Personal] Jurisdiction …
   B. Plaintiff Has Not Stated a Cognizable Claim …
   C. Alternative Grounds for Dismissal …
5. Reservation of Rights and Non-Waiver
6. Request for Oral Argument (if applicable)
7. Conclusion & Prayer for Relief
8. Certificate of Service
9. Proposed Order of Dismissal

[// GUIDANCE: Delete or auto-generate the Table of Contents if the final brief is fewer than 10 pages, or adjust headings to match actual sections.]

1. Introduction & Relief Requested

Pursuant to Rule 1-012(B) of the New Mexico Rules of Civil Procedure for the District Courts (“Rule 1-012(B) NMRA 2024”) and all other applicable authorities, Defendant[s] [DEFENDANT NAME(S)] (“Defendant”) respectfully move[s] this Court for an Order dismissing the [Complaint/Amended Complaint] (the “Complaint”) filed by Plaintiff[s] [PLAINTIFF NAME(S)] (“Plaintiff”) in its entirety, with prejudice3, on the following independent and alternative grounds:

a. Lack of subject-matter jurisdiction, Rule 1-012(B)(1);
b. Lack of personal jurisdiction and/or insufficient service of process, Rule 1-012(B)(2), (5);
c. Failure to state a claim upon which relief can be granted, Rule 1-012(B)(6); and
d. Any additional grounds set forth below.

[// GUIDANCE: Strike non-applicable subparts (a)–(d) and insert any other Rule 1-012(B) defenses that apply (e.g., improper venue, Rule 1-012(B)(3)).]

2. Relevant Procedural History and Facts

1. On [DATE], Plaintiff filed the Complaint asserting claims for [LIST CLAIMS].
2. Plaintiff alleges, inter alia, that [BRIEF SUMMARY OF ALLEGATIONS].
3. Solely for purposes of this motion, Defendant assumes the well-pleaded factual allegations to be true. See Rule 1-012(B)(6) NMRA.
4. [Insert additional background necessary for the Court to understand the posture.]

3. Governing Legal Standards

3.1 Lack of Subject-Matter Jurisdiction – Rule 1-012(B)(1)

A challenge to subject-matter jurisdiction may be raised at any time and cannot be waived. The burden rests with the plaintiff to allege facts establishing the Court’s jurisdiction.4

3.2 Lack of Personal Jurisdiction / Insufficient Service – Rule 1-012(B)(2), (5)

To withstand a motion under Rule 1-012(B)(2) or (5), a plaintiff must demonstrate compliance with Rule 1-004 NMRA’s service provisions and sufficient minimum contacts under due-process principles.5

3.3 Failure to State a Claim – Rule 1-012(B)(6)

Dismissal is appropriate where the complaint, viewed in the light most favorable to plaintiff, fails to “state facts upon which relief can be granted.” Rule 1-012(B)(6) NMRA. Conclusory allegations, unwarranted deductions, and legal conclusions masquerading as facts are insufficient.6

4. Argument

A. The Court Lacks Subject-Matter Jurisdiction

[Insert argument—e.g., claim is exclusively within federal jurisdiction, statutory prerequisite unmet, amount in controversy below jurisdictional minimum, etc.]

B. Plaintiff Has Not Established Personal Jurisdiction

1. No purposeful availment. Plaintiff fails to allege facts showing Defendant purposefully directed activities toward New Mexico.
2. Insufficient service. Service by [METHOD] on [DATE] did not comply with Rule 1-004(F) because [DEFICIENCY].

C. The Complaint Fails to State Any Plausible Claim

1. Count I – [NAME]. Plaintiff’s allegations amount to [legal conclusion/insufficient facts]; essential element [ELEMENT] is missing.
2. Count II – [NAME]. [Explain deficiency.]

[// GUIDANCE: Use alphabetical/numbered sub-headings for each count or defense to facilitate judicial review.]

5. Reservation of Rights and Non-Waiver

By filing this motion, Defendant expressly reserves all defenses available under Rule 1-012(B) NMRA, the New Mexico Tort Claims Act, any relevant statutes of limitations, and any affirmative defenses, and does not waive any right to arbitration, removal, or jury trial (if later applicable).

6. Request for Oral Argument (Optional)

Pursuant to Rule 1-007.1(D) NMRA, Defendant requests oral argument because (1) the issues presented are dispositive, and (2) oral presentation will aid the Court in resolving factual distinctions concerning jurisdiction and sufficiency of the pleadings.

7. Conclusion & Prayer for Relief

WHEREFORE, Defendant respectfully requests that the Court:

1. Grant this Motion;
2. Dismiss Plaintiff’s Complaint in its entirety, with prejudice;
3. Award Defendant its taxable costs as permitted under Rule 1-054(D)(1) NMRA; and
4. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of [MONTH], 20[YY].

text
[LAW FIRM NAME]
By: /s/ [ATTORNEY NAME]
[ATTORNEY NAME], Esq.
[Bar No. ______]
[Address]
[City, State ZIP]
[Telephone]
[Email]
Attorney for Defendant[s]

8. Certificate of Service

I certify that on this ___ day of [MONTH], 20[YY], I caused a true and correct copy of the foregoing Motion to Dismiss to be served via [e-file & serve system / hand delivery / U.S. Mail] on:

[Opposing Counsel Name & Address]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME]

9. [PROPOSED] ORDER OF DISMISSAL

text
IN THE [] JUDICIAL DISTRICT COURT
COUNTY OF [______], STATE OF NEW MEXICO

[PLAINTIFF NAME(S)], )
Plaintiff[s], )
)
v. ) No. D-[___]-CV-[YEAR]-[#####]
)
[DEFENDANT NAME(S)], )
Defendant[s]. )

ORDER GRANTING DEFENDANT[S]’ MOTION TO DISMISS

THIS MATTER having come before the Court on Defendant[s]’ Motion to Dismiss pursuant to Rule 1-012(B) NMRA, the Court being fully advised, FINDS and ORDERS:

1. The Motion is well-taken and is hereby GRANTED.
2. Plaintiff’s Complaint is DISMISSED [with] [without] prejudice.
3. [Optional] Defendant[s] shall recover taxable costs upon timely submission under Rule 1-054(D)(1) NMRA.

IT IS SO ORDERED.

DISTRICT JUDGE [NAME]
Date: _______

END OF DOCUMENT

FOOTNOTES
1. To preserve the right to a hearing, include this language directly beneath the caption per Rule 1-007.1(D) NMRA.
2. Update page numbers after finalizing the brief or use automatic TOC generation.
3. Dismissal “with prejudice” bars refiling; choose “without prejudice” when appropriate (e.g., jurisdictional dismissal).
4. See Rule 1-012(H)(3) NMRA (subject-matter jurisdiction may be raised at any time).
5. See Rule 1-004 NMRA (service requirements); Rule 1-012(H)(1) NMRA (personal jurisdiction defenses waived if not timely raised).
6. Rule 1-012(B)(6) NMRA standard parallels Federal Rule 12(b)(6); New Mexico courts apply a similar plausibility analysis.

[// GUIDANCE: Verify all factual assertions and customize each section to match the specific procedural history, claims, and defenses in your case. Check any local rules or standing orders for page limits, font requirements, and judge-specific preferences.]