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Sample motion to dismiss under rule 12(b)(2) in United States District Court

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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.

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Sample motion to dismiss under rule 12(b)(2) in United States District Court

  1. 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. 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. 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

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