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Sample motion to dismiss for improper venue under Rule 12(b)(3)

This sample motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court contends that the complaint should be dismissed for improper venue as the Defendant is not a resident of, and does not conduct business in, the judicial district, and therefore venue is improper. The sample motion on which this preview is based is 9 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.

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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.
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Case No.
NOTICE OF MOTION AND MOTION TO DISMISS
FOR IMPROPER VENUE; 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.
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NOTICE OF MOTION AND MOTION TO DISMISS FOR IMPROPER VENUE
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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 improper venue under the provisions of
Federal Rule of Civil Procedure 12(b)(3) in that the venue chosen by Plaintiff is improper under 28
U.S.C. §1391 in that this judicial district is not “(1) a judicial district in which any defendant resides,
if all defendants are residents of the State in which the district is located; (2) a judicial district in
which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial
part of property that is the subject of the action is situated; or (3) if there is no district in which an
action may otherwise be brought as provided in this section, any judicial district in which any
defendant is subject to the court's personal jurisdiction with respect to such action.”
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
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- 2 -
NOTICE OF MOTION AND MOTION TO DISMISS FOR IMPROPER VENUE
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Sample motion to dismiss for improper venue under Rule 12(b)(3)

  • 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 IMPROPER VENUE; 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 IMPROPER VENUE
  • 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 improper venue under the provisions of Federal Rule of Civil Procedure 12(b)(3) in that the venue chosen by Plaintiff is improper under 28 U.S.C. §1391 in that this judicial district is not “(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.” 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 To purchase the entire document visit: https://legaldocspro.myshopify.com/products/sample-motion- to-dismiss-under-rule-12b3-for-improper-venue-in-united- states-district-court - 2 - NOTICE OF MOTION AND MOTION TO DISMISS FOR IMPROPER VENUE