A brief in support of a motion to dismiss is a legal document that a defendant can use to ask the court to dismiss a case against them. It is common in civil cases, where one party sues another for damages or other relief.
A motion to dismiss can be based on many different grounds, such as lack of jurisdiction, failure to state a claim, or immunity.
Creating a Brief in Support of Motion to Dismiss
If you have been sued, you may want to consider filing a motion to dismiss the case. A brief in support of your motion must be well-written and persuasive to convince the court to grant your request. It should include the following elements:
1. Introduction. The introduction should briefly state the nature of the case and the relief you are seeking. You should also identify the grounds for your motion to dismiss.
2. Statement of Facts. The statement of facts should provide a brief overview of the relevant facts of the case. You should only include the facts that are necessary to support your arguments.
3. Legal Argument. The legal argument is the heart of your brief. In this section, you will argue why the court should grant your motion to dismiss. You should cite to relevant case law and statutes to support your arguments.
4. Conclusion. The conclusion should briefly restate your arguments and ask the court to grant your motion to dismiss.
Sample Brief in Support of Motion to Dismiss
The following is a sample brief in support of a motion to dismiss:
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF [DISTRICT]
[PLAINTIFF],
Plaintiff,
v.
[DEFENDANT],
Defendant.
Case No. [CASE NUMBER]
MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS
INTRODUCTION
Defendant, [DEFENDANT’S NAME], by and through undersigned counsel, hereby submits this Memorandum in Support of its Motion to Dismiss the Complaint filed by Plaintiff, [PLAINTIFF’S NAME].
STATEMENT OF FACTS
On [DATE], Plaintiff filed a Complaint against Defendant alleging breach of contract. Plaintiff alleges that Defendant failed to perform its obligations under a contract entered into between the parties on [DATE]. Defendant denies Plaintiff’s allegations and asserts that the Complaint fails to state a claim upon which relief can be granted.
ARGUMENT
The Complaint fails to state a claim upon which relief can be granted because it does not allege that Defendant breached the contract. The Complaint merely alleges that Defendant failed to perform its obligations under the contract. However, this is not enough to state a claim for breach of contract. A breach of contract occurs when a party fails to perform a material obligation under the contract.
CONCLUSION
For the foregoing reasons, Defendant respectfully requests that this Court grant its Motion to Dismiss the Complaint.
Respectfully submitted,
[ATTORNEY’S NAME]
[ATTORNEY’S ADDRESS]
[ATTORNEY’S PHONE NUMBER]
[ATTORNEY’S EMAIL ADDRESS]
Dated: [DATE]
