IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

[PLAINTIFF NAME],
  Plaintiff,
v.
[DEFENDANT NAME],
  Defendant.

Civil Action No.: [_]
Judge: [_]

DEFENDANT [DEFENDANT NAME]’S MOTION TO DISMISS

(Pursuant to W. Va. R. Civ. P. 12(b))

[// GUIDANCE: Delete any ground for dismissal that does not apply and renumber consecutively.]

1. Introduction & Relief Requested
   Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves this Court, pursuant to W. Va. R. Civ. P. 12(b), to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety, or in the alternative, to dismiss the specific claims identified below.

2. Procedural Posture
   a. Date Complaint filed: [MM/DD/YYYY]
   b. Date service purportedly effected: [MM/DD/YYYY]
   c. Current responsive-pleading deadline (if any): [MM/DD/YYYY]

3. Grounds for Dismissal
   a. Lack of subject-matter jurisdiction (Rule 12(b)(1))
   b. Lack of personal jurisdiction (Rule 12(b)(2))
   c. Improper venue (Rule 12(b)(3))
   d. Insufficiency of process (Rule 12(b)(4))
   e. Insufficiency of service of process (Rule 12(b)(5))
   f. Failure to state a claim upon which relief can be granted (Rule 12(b)(6))
   g. Failure to join an indispensable party (Rule 12(b)(7))

4. Request for Oral Argument
   Pursuant to the West Virginia Trial Court Rules governing motion practice, Defendant respectfully requests oral argument. Defendant estimates 30 minutes will be required.

5. Notice of Hearing
   PLEASE TAKE NOTICE that the undersigned will bring this Motion on for hearing before the Honorable [JUDGE] on [DATE] at [TIME] [a.m./p.m.], or as soon thereafter as counsel may be heard.

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

Table of Contents

I. Table of Authorities………………………………………………………… 2
II. Statement of Relevant Facts……………………………………………… 3
III. Standard of Review………………………………………………………… 3
IV. Argument…………………………………………………………………… 4
  A. Rule 12(b)(6): Failure to State a Claim…………………………………… 4
  B. Rule 12(b)(1): Lack of Subject-Matter Jurisdiction…………………… 7
  C. [Additional Grounds as Applicable]…………………………………… 9
V. Conclusion…………………………………………………………………… 10

[// GUIDANCE: Auto-update page numbers after drafting.]

I. Table of Authorities

[Insert West Virginia Supreme Court of Appeals cases, U.S. Supreme Court cases, statutes, and rules actually cited. Arrange alphabetically.]

II. Statement of Relevant Facts

[Concise, non-argumentative recitation of facts drawn exclusively from the pleadings, exhibits, and matters of which the Court may take judicial notice.]

III. Standard of Review

1. Rule 12(b)(6): A complaint must be dismissed when, accepting as true all well-pleaded factual allegations and drawing reasonable inferences in the plaintiff’s favor, the pleading fails to state a plausible claim for relief. See W. Va. R. Civ. P. 12(b)(6).
2. Rule 12(b)(1): The plaintiff bears the burden of establishing subject-matter jurisdiction.
3. [Add standards for any additional Rule 12(b) grounds asserted.]

IV. Argument

A. Failure to State a Claim (Rule 12(b)(6))
1. Element One – [Insert heading, e.g., “No Duty Alleged”]
• Argument…
2. Element Two – [Insert heading, e.g., “Speculative Damages”]
• Argument…

B. Lack of Subject-Matter Jurisdiction (Rule 12(b)(1))
• Argument…

C. [Additional Grounds]
• Argument…

[// GUIDANCE: Break arguments into clear sub-sections; cite controlling authority only when 100 % certain of accuracy.]

V. Conclusion

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

RESERVATION OF RIGHTS

By filing this Motion, Defendant does not waive, and expressly reserves, all rights, defenses, claims, counterclaims, and objections, including but not limited to those available under Rules 8, 9, 11, and 56 of the West Virginia Rules of Civil Procedure.

CERTIFICATE OF SERVICE

I hereby certify that on the [] day of [MONTH], 20[], I electronically filed and/or mailed a true and correct copy of the foregoing Motion to Dismiss and Memorandum of Law to:

[PLAINTIFF’S COUNSEL NAME]
[LAW FIRM]
[ADDRESS]
[EMAIL]

[ATTORNEY NAME] (WV Bar #____)
Counsel for Defendant
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

PROPOSED ORDER

[COURT TITLE AS ABOVE]

Civil Action No.: [____]

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

On this day, came the Defendant, by counsel, upon its Motion to Dismiss pursuant to W. Va. R. Civ. P. 12(b). Having considered the Motion, the memoranda, any opposition, arguments of counsel, and the record, the Court FINDS good cause to GRANT the Motion. It is therefore ORDERED that:

1. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE; and
2. The Clerk shall STRIKE this matter from the docket.

ENTERED: this _ day of __, 20_.

Judge [NAME]

Prepared by:
[ATTORNEY NAME]
Counsel for Defendant

[// GUIDANCE:
1. Verify and insert local scheduling-order deadlines; some circuits require a separate “Notice of Hearing” to be filed and served more than 14 days before the hearing.
2. Confirm formatting requirements (e.g., font size, page limits) under the specific circuit’s local administrative order.
3. Where electronic filing is available, adjust the Certificate of Service accordingly.
4. Many West Virginia judges require a proposed order in editable format; include a Word version when filing.]