A motion to dismiss form should contain information specific to what's presented in the complaint and any accompanying exhibits as to why the defendant feels the complaint is invalid, FindLaw says. The focus of the motion is providing reasons why the court should grant the motion to dismiss.Continue Reading
There are a few legal issues in which a defendant may present a motion to dismiss to the court, FindLaw says. The first is lack of subject matter jurisdiction, which means the court does not have the power to rule on the issue, stating that the law requires a special court to determine the matters outlined in the case.
The second is lack of personal jurisdiction, which says the court does not have the power to make decisions that affect the defendant, such as a lawsuit being filed in a state in which the defendant does not reside. Another reason for a motion to dismiss is improper venue, meaning the statute of the state sets forth where the defendant can be sued, and the lawsuit is not filed in any of those places.
A motion to dismiss is also filed when there is insufficient service of process, meaning the defendant was not properly served with the summons and complaint as outlined in state law. The court may also grant a motion to dismiss based on the plaintiff failing to state a claim where relief may be granted, meaning the defendant does not have a legal responsibility to a claim outlined in the complaint, Findlaw explains.Learn more about Law