[COURT SEAL/HEADER, IF APPLICABLE]

STATE OF RHODE ISLAND
[SUPERIOR/DISTRICT] COURT
[COUNTY UNIT] DIVISION

[PLAINTIFF NAME(S)],
Plaintiff(s),

v. C.A. No. [XXXXXXXX]

[DEFENDANT NAME(S)],
Defendant(s).

MOTION OF DEFENDANT [DEFENDANT NAME]
TO DISMISS PLAINTIFF’S COMPLAINT
PURSUANT TO RULE 12(b) [SPECIFY]

[// GUIDANCE: Select 12(b)(1) (lack of subject-matter jurisdiction), 12(b)(6) (failure to state a claim),
or any other subsection that applies. More than one subsection may be asserted.]

TABLE OF CONTENTS

I. INTRODUCTION .......................................................... 2
II. PROCEDURAL BACKGROUND .................................................. 2
III. STATEMENT OF RELEVANT FACTS ............................................ 3
IV. ARGUMENT ............................................................... 4
A. Applicable Legal Standard .......................................... 4
B. Count I — [Short Name] Fails as a Matter of Law ..................... 5
C. Count II — [Short Name] Fails as a Matter of Law .................... 6
D. Any Further Amendment Would Be Futile ............................... 7
V. REQUEST FOR ORAL ARGUMENT .............................................. 8
VI. CONCLUSION & PRAYER FOR RELIEF ......................................... 8
VII. CERTIFICATION & SERVICE ................................................ 9
VIII. PROPOSED ORDER (SEPARATE) .............................................. 10

[// GUIDANCE: Delete TOC if total pages ≤ 5 and local practice does not require one.]

I. INTRODUCTION

Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel and pursuant
to Rule 12(b) of the Rhode Island Superior Court Rules of Civil Procedure, respectfully moves
this Court to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its
entirety, or in the alternative to dismiss the specific counts set forth below, for the reasons that
follow.

II. PROCEDURAL BACKGROUND

1. On [FILING DATE], Plaintiff commenced this action by filing a Complaint alleging
   [brief description of counts] against Defendant.
2. Defendant was served on [SERVICE DATE].
3. No responsive pleading has yet been filed; this Motion is therefore timely.
4. This matter is currently assigned to the [MOTION] calendar for [DATE] at [TIME],
   pursuant to the briefing schedule set forth in Rhode Island Superior Court Rule 7 and the
   [COUNTY] Division’s administrative order dated [DATE].

[// GUIDANCE: Verify calendaring rules—many counties require motions to be noticed for 9:30 a.m.
on the “miscellaneous” calendar and filed not later than the close of business seven (7) days
before the hearing, with opposition due four (4) days before.]

III. STATEMENT OF RELEVANT FACTS

For purposes of this Motion only, Defendant assumes the truth of the well-pleaded
allegations in the Complaint. See Rule 12(b) standard. The salient allegations are:

A. [Summarize factual allegations, citing to paragraph numbers of Complaint.]
B. [Identify documents incorporated by reference, if any.]

IV. ARGUMENT

A. Applicable Legal Standard
Under Rule 12(b)(6), a complaint must be dismissed when it fails to set forth factual
allegations sufficient to state a plausible claim for relief. Conclusory statements and
legal conclusions unsupported by facts are disregarded. [// GUIDANCE: Insert prevailing RI
standard; do not cite case law unless you will verify.]

B. Count I — [Short Name] Fails as a Matter of Law
1. [Identify legal element #1] is not pleaded.
2. [Identify legal element #2] is contradicted by the incorporated document.
3. Therefore, Count I should be dismissed with prejudice.

C. Count II — [Short Name] Fails as a Matter of Law
[Repeat structured analysis for each challenged count.]

D. Any Further Amendment Would Be Futile
Plaintiff has already admitted [fact], and the deficiencies identified herein cannot be cured
through re-pleading. Accordingly, dismissal should be with prejudice.

V. REQUEST FOR ORAL ARGUMENT

Pursuant to Rhode Island Superior Court Rule 12 and Administrative Order
[INSERT NUMBER, IF APPLICABLE], Defendant requests oral argument. Oral presentation
is expected to require no more than [15] minutes.

VI. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:

A. Dismiss the Complaint in its entirety, or in the alternative dismiss Counts
[__] with prejudice;
B. Award Defendant its costs and such further relief as this Court deems just and proper; and
C. Grant such other and further relief as the Court may deem appropriate.

VII. CERTIFICATION & SERVICE

I certify that, pursuant to Rule 5(b) of the Rhode Island Superior Court Rules of Civil
Procedure, a true copy of the foregoing Motion to Dismiss and supporting Memorandum of Law
was served on counsel of record via [electronic filing system / first-class mail / hand delivery]
on this [DATE] day of [MONTH], [YEAR].

/s/ [ATTORNEY NAME]
[ATTORNEY NAME] (# R.I. Bar No. [XXXX])
[FIRM NAME]
[Street Address]
[City, State ZIP]
Tel: ([AREA CODE]) [PHONE]
Email: [EMAIL ADDRESS]
Counsel for Defendant

VIII. PROPOSED ORDER

STATE OF RHODE ISLAND
[SUPERIOR/DISTRICT] COURT
[COUNTY UNIT] DIVISION

[PLAINTIFF NAME(S)],
Plaintiff(s),

v. C.A. No. [XXXXXXXX]

[DEFENDANT NAME(S)],
Defendant(s).

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.

ENTER: ____ DATE: _____
Justice, Rhode Island [Superior/District] Court

[End of Document]

[// GUIDANCE FOR PRACTITIONERS:
1. Confirm the correct division (Providence/Bristol, Kent, Newport, Washington, or other).
2. Double-check local briefing timelines: opposition memoranda and reply deadlines vary by judicial assignment order.
3. If submitting electronically, comply with the E-Filing System Guidelines (e.g., PDF/A format, bookmarks over 25 pages).
4. Where the motion raises evidentiary matters (e.g., 12(b)(1)), attach affidavits/exhibits and include a separately-filed Statement of Undisputed Facts if converting to Rules 56 standards.
5. For oral argument, some judges require a separate “Request for Hearing” form—verify with the clerk.
6. Eliminate any sections not applicable to the specific motion (e.g., counts, futility) to streamline and avoid confusion.]