[// GUIDANCE: This template is drafted to comply with the Oregon Rules of
Civil Procedure (ORCP), the Uniform Trial Court Rules (UTCR), and typical
county supplemental rules. Customize all bracketed placeholders and
select only those sections/grounds that apply to your matter. Delete all
guidance comments and unused grounds before filing. ]
I. DOCUMENT HEADER (CAPTION)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]
| [PLAINTIFF NAME], [status—e.g., an Oregon corporation], | Case No. [CASE NO.] |
| Plaintiff, | |
| v. | DEFENDANT [DEFENDANT NAME]’S MOTION TO DISMISS PURSUANT TO ORCP 21 A |
| [DEFENDANT NAME], [status], | |
| Defendant. | NOT SUBJECT TO MANDATORY ARBITRATION |
Judge: [NAME OF ASSIGNED JUDGE]
NOTICE OF MOTION
TO: [PLAINTIFF’S COUNSEL NAME], counsel for Plaintiff
PLEASE TAKE NOTICE that Defendant moves the Court to dismiss the Complaint in its entirety (or the following claims: [IDENTIFY]) under Oregon Rule of Civil Procedure (“ORCP”) 21 A on the grounds specified below.
Pursuant to UTCR 5.030(1), any response must be filed within 14 days after service of this Motion. Any reply is due 7 days after service of the response. The Court may decide the Motion without oral argument unless a party timely requests it under UTCR 5.060.
II. DEFINITIONS (IF APPLICABLE)
[// GUIDANCE: Delete this section if no defined terms are necessary.]
“Complaint” means the pleading filed by Plaintiff on [DATE].
“Plaintiff” means [PLAINTIFF NAME].
“Defendant” means [DEFENDANT NAME].
III. OPERATIVE PROVISIONS – MOTION
Defendant [DEFENDANT NAME] moves the Court for an Order dismissing the Complaint (or specified claims) with prejudice (or without, if leave to amend may be granted) under ORCP 21 A on the following ground(s):
- ORCP 21 A(1) – Lack of subject matter jurisdiction;
- ORCP 21 A(2) – Lack of personal jurisdiction;
- ORCP 21 A(3) – Insufficiency of summons/service;
- ORCP 21 A(8) – Failure to state ultimate facts sufficient to constitute a claim;
- ORCP 21 A(9) – Failure to join a party under ORCP 29.
[// GUIDANCE: Delete any ground that does not apply. Grounds not raised
in an initial responsive pleading may be waived. See ORCP 21 G(1). ]
IV. CERTIFICATION OF COMPLIANCE & CONFERRAL
Pursuant to UTCR 5.010(3), counsel for Defendant certifies that (check one):
☐ A meaningful conferral was conducted on [DATE] and the parties were unable to resolve the issues raised herein.
☐ Conferral is not required because this Motion is filed with the first appearance under UTCR 5.010(1).
V. MEMORANDUM OF POINTS & AUTHORITIES
1. Introduction
[Briefly identify the dispute and the relief requested.]
2. Factual Background
[Provide only those facts necessary for the Motion, drawing solely from the pleadings or matters subject to judicial notice.]
3. Procedural Standard
Under ORCP 21 A, the Court may dismiss a pleading on any of the enumerated grounds. For purposes of an ORCP 21 A(8) motion, the Court “must assume the truth of all well-pleaded facts and draw all reasonable inferences in favor of the nonmoving party,” but it need not accept conclusory allegations. See ORCP 21 A(8).
4. Argument
A. Lack of Subject Matter Jurisdiction – ORCP 21 A(1)
[Insert analysis.]
B. Lack of Personal Jurisdiction – ORCP 21 A(2)
[Insert analysis, including rule-based and constitutional considerations.]
C. Insufficiency of Service – ORCP 21 A(3)
[Insert analysis, citing ORCP 7 D.]
D. Failure to State a Claim – ORCP 21 A(8)
[Identify pleading deficiencies, missing elements, or statutory bars.]
E. Failure to Join Indispensable Party – ORCP 21 A(9)
[Explain why complete relief cannot be accorded without the absent party.]
5. Request for Oral Argument
Pursuant to UTCR 5.060, Defendant requests oral argument. Estimated time: [XX] minutes.
6. Conclusion
For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion and dismiss the Complaint (or specified claims) [with/without] prejudice, and grant such further relief the Court deems just and proper.
VI. PROPOSED FORM OF ORDER
[Attach as Exhibit 1 or include below.]
EXHIBIT 1
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]
[CAPTION REPEATED]
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
The Court, having considered Defendant’s Motion to Dismiss and all papers filed in support and opposition thereto, hereby ORDERS:
1. The Motion is GRANTED.
2. The Complaint (or claims ____) is DISMISSED [with/without] prejudice.
3. [Optional: Plaintiff is granted leave to file an Amended Complaint within __ days.]
DATED: _______
Circuit Court Judge
VII. SIGNATURE BLOCK
DATED: [DATE]
Respectfully submitted,
[ATTORNEY NAME] (OSB No. [NUMBER])
Attorney for Defendant [DEFENDANT NAME]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
VIII. CERTIFICATE OF SERVICE
I certify that on [DATE], I caused a true and correct copy of the foregoing Defendant’s Motion to Dismiss to be served on the following via ☐ ODYSSEY e-File & Serve ☐ first-class mail ☐ email (by agreement) as permitted by ORCP 9:
• [PLAINTIFF’S COUNSEL NAME], [EMAIL / ADDRESS]
[ATTORNEY NAME]
IX. (OPTIONAL) TABLE OF CONTENTS
[// GUIDANCE: Include for filings exceeding 10 pages to enhance readability.]
- Notice of Motion ........................................................................ 1
- Certification of Compliance ..................................................... 1
- Memorandum of Points & Authorities ......................................... 2
3.1 Introduction ................................................................ 2
3.2 Factual Background ................................................ 2
3.3 Procedural Standard ................................................ 3
3.4 Argument ..................................................................... 3
3.5 Request for Oral Argument .......................................... 6
3.6 Conclusion .............................................................. 6 - Proposed Order ........................................................................ 7
- Certificate of Service ........................................................... 8
X. FINAL GUIDANCE NOTES (REMOVE BEFORE FILING)
[// GUIDANCE:
1. Verify local supplemental rules for the county (e.g., Multnomah SLR,
Washington SLR) regarding page limits, font, and hearing scheduling.
2. If jurisdictional discovery is required (e.g., personal jurisdiction),
request alternative relief accordingly.
3. If the Motion is granted without prejudice, calendar the amended pleading
deadline to preserve defense positioning.
4. For mixed federal/state claims, consider whether removal deadlines are
implicated before filing any substantive motion in state court. ]