This sample motion to dismiss under Rule 12(b)(2) for lack of jurisdiction in United States District Court is filed on the grounds that the complaint should be dismissed for lack of personal jurisdiction on the grounds that the Defendant is not a resident of, and does not conduct business in, the State, and has no substantial contacts with the State. The sample motion on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Special Accounting Areas - Hire purchase agreement
Sample motion to dismiss under rule 12(b)(2) in United States District Court
1. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
UNITED STATES DISTRICT COURT
___________ DISTRICT OF __________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
NOTICE OF MOTION AND MOTION TO DISMISS
FOR LACK OF PERSONAL JURISDICTION;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
_____________
DATE:
TIME:
DEPT:
To subscribe to my FREE weekly legal newsletter visit
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
address.
To view sample document packages sold by LegalDocsPro visit:
http://www.legaldocspro.net
Be sure to remove these notices before using this document.
- 1 -
NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF JURISDICTION
2. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the above-entitled
Court located at ___________________________, Defendant _________ will move this Court for an
Order dismissing the complaint.
This Motion will be made on the grounds of lack of personal jurisdiction under the provisions
of Federal Rule of Civil Procedure 12(b)(2) in that Defendant _________________ is not a resident
of, and does not conduct business in, the State of _________ and has no substantial contacts with the
State of ______________.
This Motion shall be based upon this Notice, the attached Memorandum of Points and
Authorities, the attached declaration of __________, the complete files and records of this action and
such other evidence as may be presented at the hearing on this Motion.
Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
1
- 2 -
NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF JURISDICTION
3. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
Describe the case and the parties and list the causes of action of the complaint.
Defendant contends that the complaint should be dismissed pursuant to the provisions of
Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction in that Defendant
_________________ is not a resident of, and does not conduct business in, the State of _________
and has no substantial contacts with the State of ______________ as shown by the declaration of
_______________________.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
To purchase the entire 11 page document visit:
https://legaldocspro.myshopify.com/products/sample-motion-
to-dismiss-under-rule-12b2-for-lack-of-jurisdiction-in-united-
states-district-court
- 3 -
NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF JURISDICTION