Motion to Dismiss for Lack of Subject Matter Jurisdiction: Making the Motion (Federal)


This practice note discusses moving to dismiss a federal case based on lack of subject matter jurisdiction and covers topics such as Rule 12 preanswer motions, timing issues, the procedure for making the motion, the burden of proof, Article III standing, sovereign immunity and other immunity issues, facial and factual attacks, jurisdictional discovery, diversity jurisdiction, federal question jurisdiction, and the effect of a dismissal for lack of subject matter jurisdiction.