Free Motion To Dismiss Template For Attorneys

A strong motion to dismiss does more than point out weaknesses in the opposing party's case. It identifies a legal basis for dismissal and gives the court a clear path to the requested result.

The rules can get complicated quickly, especially because the requirements differ depending on the court, jurisdiction, and type of case. This guide and motion-to-dismiss template cover the common components attorneys may need, along with practical steps for researching, drafting, supporting, and filing the motion.

What Is A Motion To Dismiss?

A motion to dismiss is a formal request asking a judge to dismiss some or all of the claims in a lawsuit. Instead of waiting for a case to reach trial, a party can use a motion to dismiss to argue that there is a legal reason the case, a particular claim, or a particular party should not move forward.

In federal civil litigation, Rule 12(b) of the Federal Rules of Civil Procedure identifies seven defenses that may be raised by motion (more on that below).

One of the most common is a 12(b)(6) motion to dismiss. In simple terms, this type of motion argues that even if the court accepts the relevant allegations in the complaint, the plaintiff still has not alleged enough to support a legally valid claim.

But keep in mind, a motion to dismiss also does not necessarily end the entire lawsuit. A judge may dismiss only certain claims or parties, and in some situations the plaintiff may be allowed to revise the complaint and try again.

Grounds For Filing + Common Scenarios

The grounds for a motion to dismiss depend heavily on the jurisdiction and procedural posture, but the seven federal civil grounds include:

1. Lack of subject-matter jurisdiction: The court doesn't have authority to hear the type of case brought to them.
2. Lack of personal jurisdiction: The defendant doesn't have a sufficient legal connection to the state or court where the case was filed.
3. Improper venue: The action was filed in an incorrect judicial district.
4. Insufficient process: There was an error in the summons or other required process.
5. Insufficient service of process: The plaintiff did not properly serve the defendant.
6. Failure to state a claim: The issue doesn't meet the legal standards required to receive relief.
7. Failure to join a required party: A party required under Rule 19 has not been brought in at the proper time.

These federal rules are useful examples, but they are not universal. State courts have their own procedures, and criminal cases can involve very different requirements. Terms such as motion for discharge may also refer to separate procedures depending on the jurisdiction and type of case.

Before drafting your motion to dismiss, make sure you can point to the specific rule, law, or court decision that allows you to ask for dismissal.

7 Steps To File A Motion To Dismiss

The mechanics will vary by court, but most strong motions start long before the final PDF reaches the docket. Here are the seven steps to file a motion to dismiss properly:

1. Identify The Basis For Dismissal

First, make sure you know the exact rule, statute, precedent, or other authority that permits dismissal.

For example, you might believe the plaintiff has failed to include facts required for a valid claim, filed the case in the wrong court, failed to serve your client properly, or brought the case before the deadline required by the applicable rule.

In federal civil cases, that may mean determining whether any Rule 12(b) defenses apply. Don't start with the conclusion that a claim is weak and then try to work backwards. Start with the legal standard and ask yourself and your team whether your case actually meets the requirements for dismissal.

Timing matters here, too. Under Rule 12, some defenses can be waived if they aren't raised at the right time, and Rule 12(g) generally requires defendants to consolidate their dismissal defenses rather than filing them one at a time.

2. Review The Complaint & Relevant Records

Next, read through the complaint and identify exactly what the other side is claiming.

Pay close attention to the facts they rely on, the legal claims they make, and what they are asking the court to do. Then compare those claims with the legal requirements you identified in the first step. Your goal is to understand whether the complaint leaves out something the law requires, or if there's another problem that could justify dismissal.

For a Federal Rule 12(b)(6) motion, the court generally focuses on the complaint itself rather than weighing evidence about who is telling the truth. If materials outside the pleadings are presented and the court chooses to consider them, Rule 12(d) may require the motion to be treated as one for summary judgment instead.

That doesn't mean other case materials are useless. Interviews, hearings, calls, and recordings can still help attorneys understand the case, prepare their strategy, and spot issues that may become important later.

Rev can make recorded materials easier to review by turning audio and video into searchable transcripts. Instead of replaying an entire interview or hearing to find one statement, your team can search for the relevant words and jump back to the source.

For more ways attorneys can use AI during case preparation, see these AI prompts for criminal defense attorneys.

3. Research the Rules That Apply to Your Case

Before you start writing your motion, confirm which rules and court decisions control the motion so you can properly explain your grounds for the request.

A sample motion can help you understand the general structure, but every court has its own requirements. Federal and state courts may apply different standards, and individual judges may have additional rules for motions filed in their courtrooms.

Start by checking the rule that allows you to request dismissal, then look for court decisions explaining how that rule applies to cases like yours. You should also review any local court rules and judge-specific filing instructions.

Doing this research first gives you a clearer roadmap for the motion and helps keep your argument focused on the issues the judge is actually allowed to consider at this stage.

4. Explain Clearly Why The Claim Should Be Dismissed

Now it's time to build the main argument. A motion to dismiss should clearly explain what the law requires, what the complaint says, and why the complaint does not meet that requirement.

One simple way to organize each argument is:

1. What the law requires
2. What the complaint alleges
3. What's missing or legally insufficient
4. What you want the court to do

For example, if a claim requires the plaintiff to allege several specific elements and the complaint leaves one of them out, explain the missing element, cite the law establishing that requirement, and show where the complaint falls short.

Use clear headings when the motion challenges several claims or raises multiple arguments. A judge should be able to look at the headings and quickly understand why you're asking for dismissal.

5. Format The Motion According To The Court's Rules

Once the substance is drafted, make sure the document follows the filing rules for your court.

There is no single motion to dismiss format that works everywhere. Courts may have different requirements for page limits, fonts, spacing, supporting briefs, certificates, proposed orders, and electronic filing.

Before finalizing the motion, check:

• The rules that apply to your type of case
• The court's local rules
• Any instructions from the assigned judge
• Page or word limits
• Whether the parties must speak before filing the motion
• Whether a separate brief or memorandum is required
• Whether you need to submit a proposed order
• How the motion must be filed and served

For example, the Northern District of Texas has its own Local Civil Rules in addition to the Federal Rules of Civil Procedure.

Checking these requirements early can help prevent a motion from being delayed or rejected because of a formatting or filing issue.

6. Prepare All Court-Required Documents

The motion itself may not be the only document you need to file.

Depending on the court, you may also need a legal brief, proposed dismissal order, certificate of service, notice of hearing, declaration, exhibits, or a statement confirming that the parties discussed the issue before the motion was filed.

A proposed order is essentially a draft of the decision you're asking the judge to enter. Make sure it matches the relief requested in the motion. For example, if you're asking the court to dismiss only one claim, the proposed order should not ask the judge to dismiss the entire case.

Review the complete filing package before submitting anything so that all of the documents use the same case number, party names, arguments, and requested relief.

7. File the Motion and Keep Track of What Happens Next

Once the documents are ready, file and serve them according to the rules for your court.

In federal cases, Rule 5 generally requires written motions to be served on the other parties, unless a particular exception applies. The rule also covers methods of service and electronic filing.

After filing, add every important date to your calendar. These may include:

• The other side's deadline to respond
• Your deadline to file a reply
• A hearing or oral argument date
• Deadlines created by any new court order

Some judges decide motions based entirely on the written filings, while others may hold a hearing so the attorneys can answer questions and argue their positions in person. Understanding the different types of court hearings can help your team prepare for whatever comes next.

What Does a Typical Motion to Dismiss Look Like?

A motion to dismiss typically includes the case caption, the title of the motion, a short introduction, the legal standard that applies, the main argument, and a conclusion explaining exactly what the attorney wants the court to do.

Some courts may also require a separate supporting brief, proposed order, certificate of service, or other documents.

The goal is to make the motion easy to follow. A judge should be able to understand the legal problem, see how the law applies to the complaint, and know what result you are requesting without having to piece the argument together.

Here's a simplified motion to dismiss example that shows the basic structure:

─────────────────────────────────────────────

[COURT NAME]

[PLAINTIFF],
Plaintiff,

v.

[DEFENDANT],
Defendant.

Case No. [NUMBER]

DEFENDANT'S MOTION TO DISMISS [COMPLAINT OR CLAIM] UNDER [RULE]

Defendant [NAME], through undersigned counsel, asks the Court to dismiss [the complaint, a specific claim, or a specific party] under [RULE OR OTHER LEGAL AUTHORITY].

Introduction

[Briefly explain why you are asking for dismissal].

For example:

Plaintiff's claim should be dismissed because the complaint does not allege facts sufficient to establish [REQUIRED ELEMENT]. Without that element, Plaintiff has not stated a legally valid claim under [LAW OR RULE].

Relevant Allegations

[Summarize only the parts of the complaint that matter to the motion].

Legal Standard

[Explain the rule the court will use to decide the motion].

Argument

I. [NAME THE FIRST REASON FOR DISMISSAL]

[Explain what the law requires, what the complaint alleges, and why those allegations do not satisfy the requirement].

II. [NAME ANOTHER REASON, IF NEEDED]

[If there is another independent reason for dismissal, explain it in a separate section].

Conclusion

For these reasons, Defendant respectfully requests that the Court dismiss [CLAIM OR COMPLAINT] and grant any other relief the Court considers appropriate.

Respectfully submitted,

[ATTORNEY NAME]
[FIRM NAME]
[BAR NUMBER, IF REQUIRED]
[CONTACT INFORMATION]

─────────────────────────────────────────────

This motion to dismiss format is only a starting point. Before filing, adjust the document to match the rules of the court handling the case, the legal basis for dismissal, and any requirements from the assigned judge.

Get Your Free Motion To Dismiss Template

Starting from a blank page can make an already complicated legal task take longer than it needs to.

Our free motion to dismiss template gives attorneys a basic framework they can adapt for their own cases. It includes space for the legal standard, relevant allegations, argument, requested relief, and the other core sections commonly found in a motion.

The template is meant to help with organization, not replace legal research. Before filing, make sure every section reflects the facts of your case and follows the rules that apply in your jurisdiction.

Motions, Made Easier

Preparing a motion to dismiss involves more than writing. Attorneys may need to research case law, review lengthy pleadings, search through earlier hearings or interviews, manage deadlines, prepare supporting documents, and coordinate with the rest of the legal team. Legal technology can make many of those tasks easier.

Research platforms such as Westlaw and LexisNexis can help attorneys find relevant statutes, rules, and court decisions. Practice management tools such as Clio can help teams organize matters, track deadlines, and keep case documents in one place. And investigative platforms like Rev can help when important information is buried in recorded case material.

If a matter includes interviews, depositions, client calls, hearings, body-camera footage, or other audio and video, Rev can turn those recordings into searchable transcripts. Instead of replaying an hour-long recording to find one statement, an attorney can search the transcript for a name, phrase, topic, or key moment and return to the original recording when needed.

That can help throughout case preparation, even when a particular recording is not something the court will consider when deciding the motion itself. And with our new document editor tool, you can now create drafts of motions in one click, customized to your unique needs.

Whatever tech you choose, it should support your judgment, not replace it. You and your team are still deciding which arguments to make, which authorities control, and what belongs in the final filing.

Build a Stronger Motion Without Starting From Scratch

The strongest motions are built from a straightforward process: identify the correct legal ground, understand what the complaint alleges, research the controlling rules, and explain the problem in a way that is easy for the court to follow.

A reusable motion to dismiss template can make that process faster by giving attorneys a clear structure from the beginning. And when case preparation requires digging through hours of recorded material, Rev can make that evidence searchable so your team spends less time hunting for information and more time building the argument.