Rhode Island State Court Motion to Dismiss

RHODE ISLAND STATE COURT MOTION TO DISMISS

R.I. Super. Ct. R. Civ. P. 12(b) — All Seven Grounds with Memorandum of Law

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion to Dismiss

4. Memorandum of Law in Support
   4.1 Introduction
   4.2 Procedural Background
   4.3 Statement of Relevant Facts
   4.4 Legal Standards
   4.5 Argument

5. Request for Oral Argument

6. Conclusion and Prayer for Relief
7. Certificate of Service
8. Proposed Order

1. CAPTION

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPERIOR COURT — [PROVIDENCE/BRISTOL / KENT / NEWPORT / WASHINGTON] COUNTY

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [Hearing Date] at [Hearing Time], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, Rhode Island], before the Honorable [Judge Name], Defendant [Defendant Name] ("Defendant") will, and hereby does, move this Court for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff") pursuant to Rule 12(b) of the Rhode Island Superior Court Rules of Civil Procedure, on the following grounds:

1. Lack of jurisdiction over the subject matter (Rule 12(b)(1));
2. Lack of jurisdiction over the person (Rule 12(b)(2));
3. Improper venue (Rule 12(b)(3));
4. Insufficiency of process (Rule 12(b)(4));
5. Insufficiency of service of process (Rule 12(b)(5));
6. Failure to state a claim upon which relief can be granted (Rule 12(b)(6)); and/or
7. Failure to join an indispensable party under Rule 19 (Rule 12(b)(7)).

The motion is based on this Notice, the accompanying Memorandum of Law, the pleadings and records on file in this action, and any further evidence or argument that may be presented at or before the hearing.

DATED: [________________]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[R.I. BAR NO. ________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Defendant [Defendant Name]

3. MOTION TO DISMISS

Defendant [Defendant Name] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Rule 12(b)([________________]) of the Rhode Island Superior Court Rules of Civil Procedure for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff"). In support of this Motion, Defendant relies upon the accompanying Memorandum of Law filed herewith.

4. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

4.1 Introduction

Defendant [Defendant Name] respectfully submits this Memorandum of Law in support of its Motion to Dismiss Plaintiff's Complaint. [Provide a concise 2-4 sentence summary identifying the core deficiency. Example: "The Complaint fails to allege facts sufficient to state a claim for [cause of action] because [core deficiency]. Additionally, this Court lacks personal jurisdiction over Defendant, who has no contacts with Rhode Island giving rise to Plaintiff's claims."]

4.2 Procedural Background

1. On [Date], Plaintiff filed the above-captioned Complaint alleging claims for [________________].

2. Defendant was served on [Date].

3. No responsive pleading has yet been filed; this Motion is therefore timely.

4. This matter is noticed for hearing on [Date] at [Time] on the [________________] calendar, pursuant to the [________________] County Superior Court's administrative order.

4.3 Statement of Relevant Facts

For purposes of this Motion only, Defendant assumes the truth of the well-pleaded factual allegations in the Complaint. The salient allegations are:

A. [________________]

B. [________________]

C. [________________]

4.4 Legal Standards

Rule 12(b)(1) — Lack of Subject-Matter Jurisdiction

The burden rests with Plaintiff to establish that the Court has subject-matter jurisdiction. The Court may consider facts outside the pleadings when resolving a jurisdictional challenge. See R.I. Super. Ct. R. Civ. P. 12(b)(1).

Rule 12(b)(2) — Lack of Personal Jurisdiction

Plaintiff bears the burden of establishing personal jurisdiction. Rhode Island's long-arm statute, R.I. Gen. Laws § 9-5-33, extends personal jurisdiction to the full limits of due process under the Fourteenth Amendment. See Donatelli v. National Hockey League, 893 F.2d 459, 460-61 (1st Cir. 1990). The sole inquiry is therefore whether exercising jurisdiction comports with due process — i.e., whether the defendant has sufficient "minimum contacts" with Rhode Island such that maintenance of the suit does not offend "traditional notions of fair play and substantial justice." International Shoe Co. v. Washington, 326 U.S. 310 (1945).

Rule 12(b)(3) — Improper Venue

Venue in Rhode Island civil actions is governed by R.I. Gen. Laws §§ 9-4-2 through 9-4-6, which fix venue by the location of the real property at issue, the residence of the parties, or, for corporate parties, the county where the corporation is located or found. If venue is improper, R.I. Gen. Laws § 9-4-6 authorizes the Court, in its discretion, to dismiss the action or transfer it to the proper county.

Rule 12(b)(6) — Failure to State a Claim

On a motion to dismiss for failure to state a claim, the Court must accept all well-pleaded factual allegations as true, draw all reasonable inferences in Plaintiff's favor, and determine whether "it is clear beyond a reasonable doubt that the plaintiff would not be entitled to relief from the defendant under any set of facts that could be proven in support of the plaintiff's claim." Tanner v. Town Council, 880 A.2d 784, 791 (R.I. 2005); see also Palazzo v. Alves, 944 A.2d 144, 149 (R.I. 2008). Rhode Island is a notice-pleading state and has not adopted the heightened federal "plausibility" standard of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal — a complaint need only give the defendant fair notice of the claim and its basis. See R.I. Super. Ct. R. Civ. P. 8(a)(1); Haley v. Town of Lincoln, 611 A.2d 845 (R.I. 1992). Conclusory allegations and legal conclusions couched as facts are disregarded. The Court may consider documents attached to or incorporated by reference in the Complaint and matters subject to judicial notice.

Rule 12(b)(7) — Failure to Join an Indispensable Party

Under R.I. Super. Ct. R. Civ. P. 19, a person subject to service of process must be joined if complete relief cannot be accorded among the existing parties in that person's absence, or if the absent person's interest would be impaired or the existing parties exposed to a substantial risk of multiple or inconsistent obligations. If joinder is not feasible, Rule 19(b) requires the Court to determine, in equity and good conscience, whether the action should proceed among the parties before it or should be dismissed.

4.5 Argument

A. [First Ground for Dismissal]

B. [Second Ground for Dismissal]

C. [Third Ground for Dismissal — if applicable]

Common Rhode Island Statutes of Limitation

5. REQUEST FOR ORAL ARGUMENT

Defendant respectfully requests oral argument on this Motion. Oral presentation will assist the Court in resolving the jurisdictional and pleading issues set forth herein.

Estimated time for Defendant's argument: [____] minutes.

6. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Dismiss the Complaint in its entirety:
   ☐ with prejudice
   ☐ without prejudice

2. Award Defendant its costs and such other relief as the Court deems just and proper; and

3. Enter the Proposed Order attached hereto.

7. CERTIFICATE OF SERVICE

I hereby certify that on [Date], a true and correct copy of the foregoing Motion to Dismiss and all accompanying papers was served via [electronic filing system / first-class mail / hand delivery] upon the following counsel of record:

[Opposing Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]
[Email]

______________________________
[Attorney Name]
[R.I. Bar No. ________________]

8. PROPOSED ORDER

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPERIOR COURT — [PROVIDENCE/BRISTOL / KENT / NEWPORT / WASHINGTON] COUNTY

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

This matter came before the Court on Defendant's Motion to Dismiss pursuant to Rule 12(b) of the Rhode Island Superior Court Rules of Civil Procedure. After consideration of the written submissions, the arguments of counsel, and the entire record, it is hereby

ORDERED, ADJUDGED, AND DECREED:

1. Defendant's Motion is GRANTED.
2. Plaintiff's Complaint is DISMISSED [WITH / WITHOUT] PREJUDICE.
3. The Clerk shall enter final judgment for Defendant forthwith.

IT IS SO ORDERED.

______________________________
Justice, Rhode Island Superior Court

DATED: [________________]

RHODE ISLAND PRACTICE NOTES

These notes are for practitioner reference only. Remove before filing.

Filing and Procedural Requirements

1. Timing. A Rule 12(b) motion must be filed before the responsive pleading. The filing of a Rule 12 motion tolls the time for filing an answer until the court rules on the motion.

2. Waiver Rules — Rule 12(h):

3. Consolidation. All available Rule 12 defenses should be raised in a single motion. Unlike FRCP 12(h), which splits waiver into separate (h)(1) and (h)(2) subsections, R.I. Super. Ct. R. Civ. P. 12(h) states the waiver rule and its exceptions (for failure to state a claim, failure to join an indispensable party, and lack of subject-matter jurisdiction) in a single undivided paragraph — but the practical effect is the same: personal jurisdiction, improper venue, and insufficiency of process/service of process are waived if omitted from the first Rule 12 motion or responsive pleading.

4. Motions Calendar. Check the county's administrative orders for the motions calendar schedule. In Providence/Bristol, motions are typically heard on designated motion days.

5. Page Limits. Check local practice — some counties impose memorandum page limits. Documents over 25 pages typically require bookmarks if filed electronically.

6. E-Filing. Electronic filing is mandatory in Rhode Island Superior Court through the Judiciary's Electronic Filing System, branded eFileRI (a Tyler Technologies product), under Article X of the Rhode Island Supreme Court Rules Governing Electronic Filing, subject to limited exceptions (incarcerated individuals; waivers under Article X, Rule 3(c)). The Judiciary has also been transitioning its remote public-access platform to re:SearchRI. Verify current requirements at courts.ri.gov.

Sources and References

• Rhode Island Superior Court Rules of Civil Procedure (February 2024): https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfCivilProcedure.pdf
• Rhode Island Superior Court Rules of Practice: https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfPractice.pdf
• R.I. Gen. Laws § 9-5-33 (Long-Arm Statute): https://webserver.rilegislature.gov/Statutes/TITLE9/9-5/9-5-33.htm
• R.I. Gen. Laws §§ 9-4-2 to 9-4-6 (Venue): https://webserver.rilegislature.gov/Statutes/TITLE9/9-4/INDEX.htm
• R.I. Gen. Laws Title 9 (Courts and Civil Procedure): https://webserver.rilegislature.gov/Statutes/TITLE9/INDEX.HTM
• Rhode Island Judiciary Electronic Filing (eFileRI): https://www.courts.ri.gov/Legal-Resources/Pages/electronic-filing.aspx
• Rhode Island Judiciary: https://www.courts.ri.gov
• Palazzo v. Alves, 944 A.2d 144 (R.I. 2008); Tanner v. Town Council, 880 A.2d 784 (R.I. 2005); Haley v. Town of Lincoln, 611 A.2d 845 (R.I. 1992); Donatelli v. National Hockey League, 893 F.2d 459 (1st Cir. 1990); International Shoe Co. v. Washington, 326 U.S. 310 (1945) — verified via CourtListener