Form 19 – Motion to Dismiss, Presenting Defense of Failure to State a Claim

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

Signed: _____________________________

Attorney for Defendant

Address: _____________________________

Telephone: _____________________________

Notice of Motion

To: ____________________

Attorney for Plaintiff

Please take notice, that the undersigned will bring the above motion on for hearing before this Court at [specify name and location of court], on the [date set for hearing], at [time set for hearing] or as soon thereafter as counsel can be heard.

Signed: ______________________________

Attorney for Defendant

Address: ______________________________

Telephone: ______________________________

NOTE—The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b). A motion to quash and not a motion to dismiss must be used to raise defenses (2)-(4), Rule 12(b), to avoid making a general appearance.

[As amended; effective January 1, 2005.]