SUPERIOR COURT OF THE STATE OF WASHINGTON
COUNTY OF [COUNTY]

[PLAINTIFF NAME], )
Plaintiff, ) No. [CASE NUMBER]
)
v. ) DEFENDANT [DEFENDANT NAME]’S
) MOTION TO DISMISS
[DEFENDANT NAME], ) [CR 12(b)(1); CR 12(b)(6); OR AS APPLICABLE]
Defendant. )

[DATE]

[// GUIDANCE: The caption must exactly match the court’s case-management system. Double-check spelling, punctuation, and party alignment.]

MOTION

Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, respectfully moves this Court, pursuant to Washington Superior Court Civil Rule (“CR”) 12(b)-[SELECT GROUNDS], to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”). In support, Defendant states as follows:

1. Relief Requested
   Defendant requests that the Court dismiss Plaintiff’s Complaint in its entirety, with prejudice, and grant such further relief as the Court deems just and proper.

2. Statement of Issues
   Whether Plaintiff’s Complaint should be dismissed under CR 12(b)-[INSERT GROUNDS] because [BRIEF ONE-SENTENCE STATEMENT OF DEFICIENCY].

3. Factual Background
   [Concise, non-argumentative recitation of relevant procedural history and facts drawn solely from the pleadings, documents subject to judicial notice, or matters of which the Court may properly take notice.]

4. Standard of Review
   • CR 12(b)(6): A complaint must be dismissed when it fails to allege facts sufficient to state a cognizable claim for relief. The Court accepts well-pleaded facts as true and construes all reasonable inferences in the plaintiff’s favor.
   • CR 12(b)(1): The party asserting subject-matter jurisdiction bears the burden of proof; lack thereof mandates dismissal.
   • CR 12(b)(2)–(7): [Insert additional standards as applicable.]

5. Argument
   A. The Court Lacks Subject-Matter Jurisdiction (CR 12(b)(1))

6. Applicable Law – Wash. Super. Ct. Civ. R. 12(b)(1).
7. Analysis – [Explain why claim is barred by exclusive federal jurisdiction, statutory preemption, amount in controversy deficiency, etc.]

B. Plaintiff Fails to State a Claim Upon Which Relief Can Be Granted (CR 12(b)(6))
1. Applicable Law – CR 12(b)(6).
2. Elements of Each Claim & Deficiencies –
a. [First Claim] – Element 1 requires ; Complaint alleges .
b. [Second Claim] – …
3. Leave to Amend – Futility renders amendment inappropriate.

C. [Additional Grounds]
• Insufficient Process (CR 12(b)(4))
• Insufficient Service of Process (CR 12(b)(5))
• Improper Venue (CR 12(b)(3))
• Failure to Join Indispensable Party (CR 12(b)(7))

6. Conclusion
   For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion and dismiss Plaintiff’s Complaint with prejudice.

7. Request for Oral Argument
   Pursuant to CR 7(b)(4) and Local Civil Rule [LCR NUMBER], Defendant requests oral argument. Estimated time: [15/20] minutes.

8. Notice of Hearing
   PLEASE TAKE NOTICE that this Motion will be heard on [DATE] at [TIME] a.m./p.m., or as soon thereafter as counsel may be heard, in Courtroom [NUMBER], [COURTHOUSE ADDRESS], before the Honorable [JUDGE NAME].

[// GUIDANCE: Under statewide CR 6(d) a written motion requiring a hearing must be served at least five (5) court days before the hearing. Many counties extend this to 9 or 14 days via local rules. Insert appropriate timing and consider the court’s motion calendar deadlines.]

PROPOSED ORDER

(Attached as Exhibit A)

CERTIFICATE OF SERVICE

I certify that on [DATE] I caused a true and correct copy of the foregoing Motion to Dismiss, together with all supporting documents, to be served on all counsel of record in accordance with CR 5(b) by the method(s) indicated below:

☐ E-service via the Court’s e-filing portal
☐ E-mail (per agreement) to: [EMAIL ADDRESSES]
☐ U.S. Mail, postage prepaid, addressed to: [MAILING ADDRESSES]
☐ Personal delivery

/ s / ______
[ATTORNEY NAME], WSBA No. [NUMBER]
Attorney for Defendant [DEFENDANT NAME]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

ATTORNEY SIGNATURE BLOCK

DATED: [DATE]

Respectfully submitted,

[ATTORNEY NAME], WSBA No. [NUMBER]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant [DEFENDANT NAME]

EXHIBIT A
(PROPOSED ORDER OF DISMISSAL)

SUPERIOR COURT OF THE STATE OF WASHINGTON
COUNTY OF [COUNTY]

[PLAINTIFF NAME], )
Plaintiff, ) No. [CASE NUMBER]
)
v. ) [PROPOSED] ORDER
) GRANTING DEFENDANT’S
[DEFENDANT NAME], ) MOTION TO DISMISS
Defendant. )

THIS MATTER came before the Court on Defendant [DEFENDANT NAME]’s Motion to Dismiss pursuant to CR 12(b)-[SELECT GROUNDS]. The Court, having reviewed the Motion, all pleadings and papers on file, and having heard the arguments of counsel, finds and ORDERS as follows:

1. The Motion is GRANTED.
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.
3. [Optional] Defendant is awarded its statutory costs in an amount to be determined pursuant to RCW 4.84.010 et seq.
4. Any other relief requested but not expressly granted herein is DENIED.

DATED this _ day of _, 20__.

JUDGE/COURT COMMISSIONER

Presented by:

[ATTORNEY NAME], WSBA No. [NUMBER]
Attorney for Defendant

[// GUIDANCE: Confirm with local clerk whether a Word-format proposed order must be uploaded separately and whether a working copy is required.]

Key Washington-Specific Compliance Highlights
• Governing Procedural Rules: CR 12(b) (grounds for dismissal); CR 6(d) (notice period); CR 7(b) (motion practice); CR 5(b) (service).
• Briefing Schedule: Statewide minimum of 5 court days’ notice; verify county Local Civil Rules (e.g., King County LCR 7(b) requires 9 judicial days).
• Oral Argument: Many counties automatically schedule without motion; others require a separate “Note for Motion Docket.” Insert compliant language.
• Word-Count/Page Limits: Check county-specific limits (e.g., King County 12-page limit for motions).

[// GUIDANCE: Remove any bracketed language, confirm rule numbers, and tailor factual and legal arguments to the specific claims asserted in the Complaint. Attach declarations or exhibits only if the motion relies on matters outside the pleadings; otherwise conversion to a summary-judgment motion may occur under CR 12(b).]