Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6)

Summary

This non-jurisdiction specific template is a Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6). A defendant can file this motion in response to a complaint, rather than file an answer to a complaint, in an effort to get all or parts of a complaint dismissed at the beginning of a case. The defendant must also file a Memorandum in Support of Defendant's Motion to Dismiss pursuant to Rule of Civil Procedure 12(b)(6) along with this motion. Most jurisdictions do not require a substantive motion in addition to the Memorandum in Support of Defendant's Motion to Dismiss. You will need to edit these documents to conform with any specific rules for motions imposed by the court or judge in your case. This template includes practical guidance and drafting notes. For a more comprehensive list of related antitrust litigation content, see Antitrust Litigation Resource Kit (Federal). For more information on bringing a 12(b)(6) motion to dismiss in an antitrust case, see the practice note Motions to Dismiss in Antitrust Suits: Strategies for Raising the Motion. For the Memorandum that must be filed along with this motion, see Memorandum in Support of Defendant's Motion to Dismiss.