Enter to open, tab to navigate, enter to select
Motion to Dismiss in Federal Court Toolkit
Practical Law Toolkit w-009-0405 (Approx. 9 pages)
Motion to Dismiss in Federal Court Toolkit
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to help counsel move for dismissal in federal civil litigation.
Parties use motions to dismiss to ask the court to eliminate some or all claims in a case during the pleadings stage of a lawsuit. Motions to dismiss can accelerate the resolution of a claim or lawsuit, promote efficiency, and conserve judicial resources.
The resources in Motion to Dismiss in Federal Court Toolkit provide guidance on preparing and filing motions to dismiss in federal civil litigation on several grounds, including:
- Lack of subject matter jurisdiction under FRCP 12(b)(1).
- Lack of personal jurisdiction under FRCP 12(b)(2).
- Improper venue under FRCP 12(b)(3).
- Insufficient process under FRCP 12(b)(4).
- Insufficient service of process under FRCP 12(b)(5).
- Failure to state a claim on which relief can be granted under FRCP 12(b)(6).
- Failure to join a necessary party under FRCP 12(b)(7).
For resources on motions for summary judgment, see Summary Judgment in Federal Court Toolkit.