[COURT NAME]

STATE OF SOUTH CAROLINA

[COUNTY] COUNTY

IN THE COURT OF COMMON PLEAS

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Civil Action No.: [____]

DEFENDANT’S MOTION TO DISMISS AND INCORPORATED MEMORANDUM OF LAW

(Pursuant to Rules 12(b)(1)–(8) & 7(b), South Carolina Rules of Civil Procedure)

[DATE]

TABLE OF CONTENTS

1. Notice of Motion ……………………………………………………………….. 1
2. Relief Requested ……………………………………………………………….. 1
3. Procedural Posture …………………………………………………………….. 2
4. Statement of Relevant Facts ………………………………………………… 2
5. Grounds & Argument …………………………………………………………. 3
    5.1 Lack of Subject-Matter Jurisdiction (Rule 12(b)(1)) ………………. 3
    5.2 Lack of Personal Jurisdiction (Rule 12(b)(2)) ………………………… 4
    5.3 Improper Venue (Rule 12(b)(3)) …………………………………………… 4
    5.4 Insufficiency of Process / Service (Rules 12(b)(4)–(5)) …………… 5
    5.5 Failure to State a Claim (Rule 12(b)(6)) ……………………………….. 5
    5.6 Failure to Join a Necessary Party (Rule 12(b)(7)) ………………….. 6
    5.7 Other Grounds [Specify] (Rule 12(b)(8)) ………………………………. 6
6. Briefing Schedule & Hearing Request ……………………………………. 7
7. Conclusion ……………………………………………………………………….. 7
8. Reservation of Rights ………………………………………………………… 7
9. Certification of Consultation (Rule 11) …………………………………… 8
10. Certificate of Service …………………………………………………………. 9
11. Proposed Order (Attachment A) ………………………………………….. A-1

1. NOTICE OF MOTION

PLEASE TAKE NOTICE that on [HEARING DATE & TIME] or as soon thereafter as counsel may be heard, Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel and pursuant to Rules 12(b) and 7(b) of the South Carolina Rules of Civil Procedure (“SCRCP”), will move before the Honorable [JUDGE NAME] for an Order dismissing the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety, or alternatively on any of the individual grounds set forth below.

[// GUIDANCE: In most South Carolina circuits, the moving party must coordinate a hearing date with the clerk’s office before serving this Notice. Insert the confirmed date/time here.]

2. RELIEF REQUESTED

Defendant respectfully requests that the Court:
a. Dismiss the Complaint with prejudice under SCRCP 12(b) on the grounds enumerated herein;
b. Award Defendant its reasonable costs and attorney’s fees associated with this Motion pursuant to SCRCP 11 and the Court’s inherent authority; and
c. Grant such other and further relief as the Court deems just and proper.

3. PROCEDURAL POSTURE

1. Plaintiff commenced this action by filing a Summons and Complaint on [DATE FILED].
2. Defendant was served on [DATE SERVED] via [METHOD OF SERVICE].
3. No scheduling order has yet been entered. Defendant’s responsive pleading deadline is currently [DEADLINE] pursuant to SCRCP 12(a).
4. Defendant now timely moves to dismiss prior to filing any responsive pleading.

4. STATEMENT OF RELEVANT FACTS

[PLACEHOLDER—Concise, non-argumentative summary of facts as pled, limited to what appears on the face of the Complaint or matters subject to judicial notice. Include docket references if available.]

5. GROUNDS & ARGUMENT

Standard of Review

Under SCRCP 12(b), the Court must accept well-pled factual allegations as true; legal conclusions, unwarranted deductions, and speculative assertions are not entitled to that presumption. Dismissal is proper where “it appears beyond doubt that the plaintiff can prove no set of facts” supporting the claimed relief or where a fatal procedural or jurisdictional defect exists.

[// GUIDANCE: Omit case citations unless absolutely certain; South Carolina appellate decisions interpreting Rule 12(b) are well-established but unnecessary for template purposes.]

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

1. The Complaint seeks [RELIEF] which lies exclusively within the jurisdiction of [IDENTIFY PROPER FORUM—e.g., Probate Court, Federal Court, Administrative Agency].
2. The circuit court lacks statutory authority over the subject matter; therefore, dismissal is mandatory.

5.2 Lack of Personal Jurisdiction – Rule 12(b)(2)

1. Plaintiff bears the burden of alleging facts sufficient to confer jurisdiction.
2. The Complaint fails to allege that Defendant conducted business in South Carolina or engaged in conduct enumerated in S.C. Code Ann. § 36-2-803 (South Carolina long-arm statute).
3. Exercising jurisdiction would offend traditional notions of fair play and substantial justice.

5.3 Improper Venue – Rule 12(b)(3)

1. Plaintiff filed in [COUNTY], but S.C. Code Ann. § 15-7-30 designates venue in [PROPER COUNTY] because [STATE REASON—e.g., county where the most substantial part of the alleged acts occurred].
2. The Court should dismiss or, in the alternative, transfer venue.

5.4 Insufficiency of Process / Service – Rules 12(b)(4)–(5)

1. The Summons fails to comply with SCRCP 4(b) because [DEFECT].
2. Service via [METHOD] does not satisfy SCRCP 4(d)–(e). Absent valid service, the Court cannot exercise jurisdiction.

5.5 Failure to State a Claim – Rule 12(b)(6)

1. Elements of the alleged cause(s) of action: [LIST ELEMENTS].
2. The Complaint pleads none or insufficient factual allegations to satisfy element(s) [__]. Conclusory statements and labels are inadequate.
3. Accordingly, dismissal with prejudice is warranted.

5.6 Failure to Join a Necessary Party – Rule 12(b)(7)

1. The allegations implicate the rights of [PARTY], who is indispensable under SCRCP 19(a).
2. Joinder is not feasible because [REASON], necessitating dismissal.

5.7 Other Grounds (Rule 12(b)(8))

[PLACEHOLDER—e.g., res judicata, statute of limitations, immunity.]

6. BRIEFING SCHEDULE & HEARING REQUEST

Defendant respectfully proposes the following briefing schedule, subject to the Court’s approval and any local rules:
• Plaintiff’s opposition due within 10 days of service of this Motion;
• Defendant’s reply, if any, due within 5 days of receipt of opposition.

Defendant requests oral argument pursuant to SCRCP 7(b)(1) and Local Rule [LOCAL RULE #, if applicable] because the Motion involves dispositive questions of law.

[// GUIDANCE: Adjust the timetable to comply with any standing scheduling order or judge-specific practice.]

7. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that the Court grant its Motion in its entirety, dismiss Plaintiff’s Complaint with prejudice, and award such further relief as the Court deems just and proper.

8. RESERVATION OF RIGHTS

By filing this Motion, Defendant expressly reserves and does not waive any and all other defenses available under the South Carolina Rules of Civil Procedure, statute, or common law, including but not limited to affirmative defenses under Rule 8(c).

9. CERTIFICATION OF CONSULTATION

Pursuant to SCRCP 11, the undersigned certifies that he/she has reviewed the Complaint, applicable law, and the facts currently known, and that this Motion is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law.

[// GUIDANCE: Some circuits (e.g., Charleston, Richland) impose additional meet-and-confer obligations. Insert any required certification here.]

Respectfully submitted,

text

[ATTORNEY NAME] (SC Bar No. [_])
[LAW FIRM NAME]
[Street Address]
[City], South Carolina [ZIP]
Telephone: ([]) [-_]
Facsimile: ([]) [-____]
Email: [EMAIL ADDRESS]

Counsel for Defendant [DEFENDANT NAME]
Date: [DATE]

10. CERTIFICATE OF SERVICE

I hereby certify that I have this day served a true and correct copy of the foregoing Motion to Dismiss and Incorporated Memorandum of Law upon all counsel of record by [METHOD OF SERVICE—e.g., electronic filing system, U.S. Mail, hand delivery] addressed as follows:

text
[PLAINTIFF’S COUNSEL NAME]
[LAW FIRM]
[ADDRESS]
Date: [DATE]

text

[ATTORNEY NAME]

ATTACHMENT A

PROPOSED ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

[COURT HEADER identical to caption above]

After hearing argument of counsel and considering the Motion, the pleadings, and applicable law, the Court finds good cause to grant Defendant’s Motion to Dismiss. It is therefore ORDERED, ADJUDGED, and DECREED that:

1. Defendant’s Motion to Dismiss is GRANTED;
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE;
3. [Optional] Plaintiff shall pay Defendant’s reasonable costs and attorney’s fees in the amount of $[____];
4. The Clerk shall enter final judgment accordingly.

IT IS SO ORDERED.

text

The Honorable [JUDGE NAME]
[Date]

[// GUIDANCE: Tailor findings of fact and conclusions of law in the Proposed Order to match the specific grounds adopted by the Court. Obtain the judge’s preferred format where available.]