STATE COURT MOTION TO DISMISS

(Virginia Circuit Court – Comprehensive Litigation Template)

[// GUIDANCE: This template is drafted for use in any Virginia Circuit Court proceeding. It assumes the defendant is moving to dismiss the plaintiff’s complaint in whole or in part. Carefully review local rules—especially in Fairfax, Norfolk, Richmond, and Loudoun Circuits—which may impose additional briefing-schedule or oral-argument requirements.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Motion (Relief Requested & Grounds)
4. Standard of Review
5. Argument
6. Prayer for Relief
7. Notice of Hearing & Briefing Schedule
8. Certificate of Service
9. Proposed Order

1. DOCUMENT HEADER

IN THE [●] CIRCUIT COURT
FOR THE [●] OF [●], VIRGINIA

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [●]

[DEFENDANT NAME],
Defendant.
MOTION TO DISMISS PURSUANT TO VA. CODE ANN. § 8.01-273, RULE 3:8, AND RULE 4:15 OF THE RULES OF THE SUPREME COURT OF VIRGINIA

Filed: [DATE]

2. DEFINITIONS

For clarity and brevity, the following terms are used throughout this Motion:

a. “Complaint” means the [Amended] Complaint filed by Plaintiff on [Filing Date].
b. “Court” means the [●] Circuit Court for the [●] of [●], Virginia.
c. “Defendant” means [Defendant Name].
d. “Plaintiff” means [Plaintiff Name].

[// GUIDANCE: Add or delete defined terms as needed. Keep definitions alphabetical, and ensure cross-references remain accurate after editing.]

3. MOTION (RELIEF REQUESTED & GROUNDS)

Pursuant to Va. Code Ann. § 8.01-273, Va. Sup. Ct. R. 3:8 (Demurrer) & 4:15 (Motions Practice), Defendant respectfully moves this Court to dismiss the Complaint [in its entirety / as to Counts ___] on the following grounds:

1. Failure to state a claim upon which relief can be granted.
2. Lack of subject-matter jurisdiction.
3. Lack of personal jurisdiction.
4. Insufficiency of service of process.
5. Any other grounds specifically pled below.

4. STANDARD OF REVIEW

1. Under Va. Sup. Ct. R. 3:8 and Va. Code Ann. § 8.01-273, the Court must accept all well-pleaded factual allegations as true, construe those allegations in the light most favorable to Plaintiff, and determine whether the pleading states a cognizable cause of action.
2. Conclusions of law, unwarranted inferences, and argumentative allegations are disregarded.
3. A complaint that fails to allege facts supporting each essential element of a cause of action is subject to dismissal.

[// GUIDANCE: No case citations are included per the citation policy. Insert controlling Virginia authority at counsel’s discretion if absolute citation accuracy can be confirmed.]

5. ARGUMENT

Count I – [Title]
A. Essential Elements
1. [List elements.]
B. Insufficiency of Allegations
1. [Explain missing or deficient elements.]

Count II – [Title]
A. Essential Elements
1. [List elements.]
B. Insufficiency of Allegations
1. [Explain deficiencies.]

Additional Grounds (if applicable)
• Subject-Matter Jurisdiction – [Explain why the Court lacks jurisdiction.]
• Personal Jurisdiction – [Explain insufficiency of contacts or service.]
• Statute of Limitations – [Identify statute and pleading date deficiencies.]

[// GUIDANCE: Mirror the structure of the Complaint for clarity. Where multiple alternative grounds exist, enumerate each ground separately and incorporate supporting factual citations to the Complaint’s paragraph numbers.]

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

1. Sustain this Motion and dismiss the Complaint [in its entirety / as to Counts ___] with prejudice;
2. Award Defendant its costs and such other and further relief as the Court deems just and proper.

Respectfully submitted,

[DEFENDANT NAME]

By Counsel

[LEAD COUNSEL NAME] (VSB No. [●])
[Firm Name]
[Street Address]
[City, State ZIP]
Telephone: [●] | Facsimile: [●]
Email: [●]

7. NOTICE OF HEARING & BRIEFING SCHEDULE

PLEASE TAKE NOTICE that the undersigned will appear before the [●] Circuit Court for the [●] of [●], Virginia, on [HEARING DATE] at [TIME] or as soon thereafter as counsel may be heard, and will present the foregoing Motion to Dismiss.

Briefing Schedule (per Va. Sup. Ct. R. 4:15)(d):

• Opening Brief (Defendant) – filed concurrently with this Motion.
• Opposition Brief (Plaintiff) – due no later than [●] calendar days before the hearing, unless the Court orders otherwise.
• Reply Brief (Defendant, optional) – due no later than [●] calendar days before the hearing, strictly limited to rebuttal matters.

[// GUIDANCE: Local rules may impose specific page limits or timing (e.g., Fairfax CIR. CT. Rule 4). Insert local-rule references as needed.]

Oral Argument: Pursuant to Rule 4:15(f), oral argument is permitted unless dispensed with by the Court. Counsel anticipates [15/20/30] minutes total oral-argument time and is prepared to present authorities and respond to questions.

8. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the [DATE] electronic filing system of this Court automatically served a true copy of the foregoing on all counsel of record.

[Counsel Signature]

[// GUIDANCE: If the Court does not utilize e-filing, replace with certificate of mailing or hand-delivery description that satisfies Va. Sup. Ct. R. 1:12.]

9. PROPOSED ORDER

IN THE [●] CIRCUIT COURT
FOR THE [●] OF [●], VIRGINIA

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [●]

[DEFENDANT NAME],
Defendant.

ORDER

Upon consideration of Defendant’s Motion to Dismiss, any opposition, the arguments of counsel, and the entire record, it is this _ day of _, 20__,

ORDERED that:

1. The Motion is SUSTAINED;
2. The Complaint [is dismissed with prejudice / Count(s) ___ are dismissed with prejudice]; and
3. [Costs are taxed to Plaintiff / Each party shall bear its own costs].

ENTERED: ______

Judge, [●] Circuit Court
[// GUIDANCE: Attach this Proposed Order as a separate PDF/Word document if required by the clerk’s office. Always leave sufficient margin space for the Court’s handwritten modifications.]

END OF TEMPLATE