Motion to Dismiss Case Reasons

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

  • Rule 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction

  • Motion to dismiss for lack of standing

    • Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction
    • Rule 12(b)(3) motion to dismiss for improper venue

  • Motion to dismiss for

    • Rule 12(b)(5) motion to dismiss for improper or insufficient service of process

    • Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted

    • Rule 12(b)(7) motion to dismiss for failure to join indispensable party

    • Rule 12(c) motion for judgment on the pleadings

    • Rule 41(a) motion to voluntarily dismiss a claim (often because a settlement has been reached)

    • Rule 41(b) motion to involuntarily dismiss a case for failure of the plaintiff to prosecute it

    • Rule 55(a) motion for default judgment

    • Rule 55(c) motion to set aside default judgment

    • Rule 56 motion for summary judgment