IN THE [NUMBERED] JUDICIAL DISTRICT COURT
IN AND FOR [COUNTY] COUNTY, STATE OF UTAH

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

TABLE OF CONTENTS

1. Introduction & Relief Requested
2. Procedural Posture
3. Applicable Legal Standard
4. Argument
    4.1 Count One Fails to State a Claim
    4.2 Count Two Fails to State a Claim
    4.3 Additional Grounds for Dismissal (if any)
5. Request for Oral Argument
6. Conclusion
7. Notice of Hearing (URCP 7)
8. Certificate of Service
9. Proposed Order

1. INTRODUCTION & RELIEF REQUESTED

Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves this Court, pursuant to Utah Rule of Civil Procedure 12(b), to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety, or in the alternative to dismiss the individual counts specified below, for failure to state a claim upon which relief can be granted and on any additional grounds identified herein.
[// GUIDANCE: Insert a concise one-paragraph overview of why the Complaint is legally deficient.]

2. PROCEDURAL POSTURE

1. Plaintiff filed the Complaint on [DATE].
2. Defendant was served on [DATE] and timely responds within the period allowed by Utah R. Civ. P. 12(a).
3. No discovery has been conducted / limited discovery has occurred as of the date of this Motion.
   [// GUIDANCE: Adjust to match actual docket history.]

3. APPLICABLE LEGAL STANDARD

Under Utah R. Civ. P. 12(b)(6), a complaint must be dismissed when, accepting all well-pleaded factual allegations as true and construing them in the light most favorable to the non-moving party, the pleading nonetheless fails to articulate any set of facts that would entitle the plaintiff to relief. Conclusory allegations and legal conclusions unsupported by factual assertions are insufficient. Utah R. Civ. P. 8(a), 12(b)(6).
[// GUIDANCE: Do not cite case law; the above statement encapsulates the recognized standard.]

4. ARGUMENT

4.1 Count One – [TITLE OF COUNT ONE] Fails to State a Claim

a. Essential Elements: To prevail, Plaintiff must allege facts showing [LIST STATUTORY/COMMON-LAW ELEMENTS].
b. Pleading Deficiency: The Complaint alleges only [SUMMARY], which is purely conclusory and omits essential element(s) [IDENTIFY].
c. Result: Dismissal with prejudice is warranted under Rule 12(b)(6).

4.2 Count Two – [TITLE OF COUNT TWO] Fails to State a Claim

a. Essential Elements: [ELEMENTS].
b. Pleading Deficiency: [EXPLAIN].
c. Result: Dismiss with prejudice.

4.3 Additional Grounds for Dismissal (if any)

• Lack of Subject-Matter Jurisdiction – Utah R. Civ. P. 12(b)(1).
• Insufficient Service of Process – Utah R. Civ. P. 12(b)(5).
• Failure to Join Indispensable Party – Utah R. Civ. P. 12(b)(7).
[// GUIDANCE: Include only those defenses factually supported.]

5. REQUEST FOR ORAL ARGUMENT

Pursuant to Utah R. Civ. P. 7, Defendant requests oral argument. Oral presentation will materially assist the Court in resolving the legal issues presented.

6. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that the Court:
1. Dismiss Plaintiff’s Complaint with prejudice;
2. Award Defendant its reasonable costs incurred in bringing this Motion; and
3. Grant such other relief as the Court deems just and proper.

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME]
[Bar No. ___]
[Law Firm]
[Address]
[Telephone]
[Email]
Counsel for Defendant

7. NOTICE OF HEARING

PLEASE TAKE NOTICE that Defendant will and hereby does set this Motion for hearing on the ___ day of _, 20_, at : .m., or as soon thereafter as counsel may be heard, in Courtroom [NUMBER] of the above-entitled Court, located at [COURTHOUSE ADDRESS], unless the Court determines the matter may be submitted for decision on the papers pursuant to Utah R. Civ. P. 7.
[// GUIDANCE: Coordinate date with clerk; comply with local scheduling procedures.]

8. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, I caused a true and correct copy of the foregoing Motion to Dismiss to be served via [☐ electronic filing system / ☐ e-mail / ☐ U.S. Mail] on:

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

[SIGNATURE]

9. PROPOSED ORDER

[COURT CAPTION AS ABOVE]

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Having considered Defendant’s Motion to Dismiss, the briefing of the parties, and the arguments (if any) presented, and good cause appearing, IT IS HEREBY ORDERED that:

1. Defendant’s Motion is GRANTED.
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.
3. Defendant is awarded its costs in an amount to be determined upon proper application.
4. The Clerk shall close the case.

DATED this ___ day of ____, 20__.

District Court Judge

[END OF PROPOSED ORDER]

[// GUIDANCE: Attach the Proposed Order as a separate, editable document if local practice requires.]

Key Utah-Specific Compliance Notes
• Motion Standards: Utah R. Civ. P. 12(b) (grounds) & 8(a) (pleading requirements).
• Briefing Schedule: Opposition due 14 days after filing; reply due 7 days after service of opposition. Utah R. Civ. P. 7(c).
• Oral Argument: Court discretion; request included per Utah R. Civ. P. 7.
• Filing & Service: Follow URCP 5 for service method and proof.
• Formatting: Confirm district-specific font, margin, and page-limit rules (e.g., Utah R. Judicial Admin. 4-202).

[// GUIDANCE: This template is intentionally broad. Tailor factual statements, counts, and rule citations precisely to your case. Verify all local rules and judge-specific preferences before filing.]