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Motion to Dismiss (Rule 12(b)(6))

Federal & State Law Editorial TeamLast reviewed: April 2026

Motion asking the court to dismiss a case for failure to state a claim upon which relief can be granted under FRCP Rule 12(b)(6).

PDF TemplateUse the instructions below to complete this form

Instructions

Caption and Title: Include the full case caption and title the document clearly

Introduction: Briefly state why dismissal is warranted

Legal Standard: Cite the Iqbal/Twombly plausibility standard

Argument: Explain why the complaint fails to state a plausible claim

Conclusion: Request dismissal with or without prejudice

Memorandum of Law: Attach a supporting brief with case citations

Note: Must be filed before or with the Answer. Consult local rules for page limits and formatting.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.