IN THE CIRCUIT COURT FOR [___] COUNTY, TENNESSEE

[PLAINTIFF NAME],
  Plaintiff,

v.                     
No. [___]

[DEFENDANT NAME],
  Defendant.

MOTION TO DISMISS
(Tenn. R. Civ. P. 12.02)

[// GUIDANCE: If local rules require a separate “Notice of Motion” or scheduling statement, insert it immediately after the caption and before Section I.]

TABLE OF CONTENTS

I. Relief Requested and Summary ............................................. 2
II. Procedural Background ......................................................... 2
III. Legal Standards ................................................................. 3
IV. Argument ................................................................... 4
A. Lack of Subject-Matter Jurisdiction (Rule 12.02(1)) ............. 4
B. Insufficiency of Process / Service (Rule 12.02(4)-(5)) .......... 5
C. Failure to State a Claim (Rule 12.02(6)) ............................. 6
V. Reservation of Rights .......................................................... 7
VI. Conclusion and Prayer for Relief ........................................... 7
VII. Certificate of Service ......................................................... 8

[// GUIDANCE: Delete subsections that do not apply and renumber automatically.]

I. RELIEF REQUESTED AND SUMMARY

Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves, pursuant to Tennessee Rule of Civil Procedure 12.02, to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety and with prejudice. In summary, dismissal is warranted because:

1. The Court lacks subject-matter jurisdiction, Tenn. R. Civ. P. 12.02(1);
2. Plaintiff failed to effectuate proper service of process, Tenn. R. Civ. P. 12.02(4)-(5); and/or
3. The Complaint fails to state a claim upon which relief may be granted, Tenn. R. Civ. P. 12.02(6).

[// GUIDANCE: Enumerate only the grounds actually asserted; the Rule allows multiple grounds to be joined.]

II. PROCEDURAL BACKGROUND

1. On [DATE], Plaintiff filed the Complaint in this Court alleging [brief description of claims].
2. On [DATE], Plaintiff attempted service on Defendant by [method]. Service was defective because [explanation].
3. No responsive pleading has been filed, and the instant Motion is timely under Tenn. R. Civ. P. 12.02 and Tenn. R. Civ. P. 6.02.
4. No scheduling order has yet been entered. [// GUIDANCE: Modify per case posture.]

III. LEGAL STANDARDS

A motion to dismiss tests the legal sufficiency of the pleadings and may be granted where “it appears that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.” Tenn. R. Civ. P. 12.02(6). For Rule 12.02(1), the burden is on the plaintiff to demonstrate jurisdiction. Service-related challenges under Rules 12.02(4)-(5) are determined from the face of the record and affidavits, if any.

[// GUIDANCE: Omit case law unless absolutely necessary; Tennessee appellate decisions refine these standards but the citation policy discourages including them.]

IV. ARGUMENT

A. Lack of Subject-Matter Jurisdiction (Rule 12.02(1))

1. The Complaint invokes jurisdiction under [statute or theory], which does not confer jurisdiction because [analysis].
2. Alternatively, exclusive jurisdiction lies with [federal court / administrative body], divesting this Court of authority.

B. Insufficiency of Process / Service (Rules 12.02(4)–(5))

1. Proper service under Tenn. R. Civ. P. 4.03 requires [requirements].
2. Plaintiff served [individual/entity] at [address], which is neither Defendant’s registered agent nor principal place of business as required by Rule 4.04(4).
3. Because service is void, this Court lacks personal jurisdiction over Defendant.
4. Plaintiff bears the burden of demonstrating effective service and cannot do so.

C. Failure to State a Claim (Rule 12.02(6))

1. Elements. To plead [cause of action], Plaintiff must allege: (a) [Element 1]; (b) [Element 2]; and (c) [Element 3], Tenn. R. Civ. P. 8.05(1).
2. Missing Elements. The Complaint omits allegations of [specific missing elements].
3. Conclusory Allegations. Bare recitals or legal conclusions without factual support are insufficient.
4. Accordingly, the Complaint fails as a matter of law.

[// GUIDANCE: Duplicate the subsection format for each additional claim or ground; maintain one major heading per Rule 12 ground.]

V. RESERVATION OF RIGHTS

Defendant expressly reserves all defenses and objections available under Tenn. R. Civ. P. 12 and all other applicable rules, statutes, and equitable doctrines, including the right to compel arbitration or to move for summary judgment should the Court deny any portion of this Motion.

VI. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Grant this Motion in its entirety;
B. Dismiss Plaintiff’s Complaint with prejudice;
C. Award Defendant its costs as permitted by Tenn. R. Civ. P. 54.04; and
D. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

[DEFENSE FIRM NAME]
By: ______
  [ATTORNEY NAME] (BPR No. _)
  [Street Address]
  [City, State ZIP]
  Phone: () -_ | Fax: () -_
  Email: [_____]
Counsel for Defendant

VII. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Motion to Dismiss was served via [method-e.g., e-filing system, U.S. Mail, hand-delivery] upon:

[Plaintiff’s Counsel Name]
 [Law Firm]
 [Address]
 [Email]

[ATTORNEY NAME]

EXHIBIT A
[PROPOSED ORDER GRANTING MOTION TO DISMISS]

[// GUIDANCE: Most Tennessee judges prefer counsel to tender a proposed order. Tailor the caption, insert findings, and include signature line with “IT IS SO ORDERED.” Follow any local formatting rules.]

LOCAL RULE & HEARING COMPLIANCE CHECKLIST

1. Briefing Schedule: Under [Local Rule __], opposition papers are due within ___ days; reply optional within ___ days.
2. Page Limits: ___ pages for principal briefs.
3. Oral Argument: Request must be noted in caption or separate notice under Local Rule __.
4. Hearing Date: Coordinated with Clerk and opposing counsel for first available motion docket.

[// GUIDANCE: Replace bracketed numbers with controlling local-court specifics (e.g., Davidson County Cir. Ct. Local Rule 26).]