How To File a Motion to Dismiss

Before filing any motions with your court, always check your local court rules to see if a memorandum must be filed with your motion.

Always check the rules of trial procedure before making a motion to your court. There are certain ways that these need to be written. Don’t just copy this. Your court rules apply so use this only to get you started on your own motion. Follow your local court rules.


  • Most courts need the motion double spaced.
  • Some courts request a memorandum with the motion and some even require an affidavit.
  • Most courts request that if you are Pro Se, you put defendant, your name, your address, and telephone number all under your signature.
  • To check your local rules click here

Motions begin with the same caption as the pleadings. Defendant’s motion to dismiss case pursuant to trial rule..

The caption is followed by the name of the document which identifies it as a motion. The name must clearly and concisely identify the party who is making the motion and the nature of the request.


For example:



IN THE TYPE OF COURT OF THE STATE OF STATE

IN AND FOR THE COUNTY OF YOUR COUNTY

)    Case No.: CASE NUMBER

Name of Plantiff                                                         )

)

Plaintiff,                                   )

)

)     ANSWER, AFFIRMATIVE DEFENSES

)

vs.                                                                             )

)

Your Name                                                                   )

)

Defendant                               )

)

)


1. To dismiss this case because Example: Plaintiff failed to state a claim upon which relief can be granted.

2. To dismiss this case because (example) Plaintiff failed to comply with Trial Rule_________

3. To dismiss this case because (example) Plaintiff failed to attach a copy of assignment showing they are the real party in interest.


You can end the motion with:

Wherefore, Defendant requests that the court order the following relief:

Number what you want out of this motion here

OR

Wherefore, Defendant requests that the court dismiss this case with prejudice and for all other proper relief.

_______Sign Here________