Motion to Dismiss for Lack of Personal Jurisdiction
(WA)

Summary

This template is a motion to dismiss a civil action in Washington superior court because the court lacks personal jurisdiction over a nonresident defendant. It includes practical guidance and drafting notes. A defendant, prior to answering the complaint, may move to dismiss an action on the ground that the court lacks personal jurisdiction over the defendant. See Wash. CR 12(b)(2). Alternatively, you may lack of personal jurisdiction as a defense in the answer and then move to dismiss at a later time. If you file a motion under Wash. CR 12(b)(2), it must be filed before answering. Be sure to include any other applicable defenses listed in Wash. CR 12(b) in the motion or else allege them in the answer. Certain of these defenses (i.e., lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process) may not be asserted in a later motion if omitted from the initial motion, and are waived if not included in the pre-answer motion or alleged in the answer. See Wash. CR 12(g), (h)(1). Because the time for answering the complaint is often as short as 20 days, you should ascertain whether there is sufficient time to research and prepare a motion to dismiss under Wash. CR 12(b)(2) before expiration of the time for filing the answer. For example, it may be necessary to conduct a fact investigation and/or limited discovery concerning the jurisdictional facts to provide the evidence needed to support the motion. If there is inadequate time to prepare the motion before answering, you should allege the defense in the answer and then follow up with a motion to dismiss at a later time or be prepared to raise the issue at trial if not resolved before then. See Wash. CR 12(d) (if raised by pleading, defense may be resolved by motion before trial, unless court defers determination until trial). If possible, though, it is generally preferable to assert lack of personal jurisdiction in a Wash. CR 12(b) motion rather than answering and waiting until trial to resolve the issue, since a positive result on the motion may potentially obviate the need to respond to the complaint on the merits. In drafting the argument in support of the motion, bear in mind that the court treats the substantive allegations in the complaint as established for purposes of determining jurisdiction. See State v. LG Elecs., Inc., 186 Wn.2d 169, 183–184, 375 P.3d 1035 (2016). The plaintiff has the burden of establishing personal jurisdiction over the defendant, but need make only a prima facie case. Freestone Capital Partners, LP v. MKA Real Estate Opportunity Fund I, LLC, 155 Wn. App. 643, 654, 230 P.3d 625 (2010). Thus, you must be prepared to provide legal argument and submit sufficient facts in support of the motion to overcome the plaintiff's prima facie showing regarding jurisdiction. Declarations and other documents establishing the defendant's lack of sufficient contacts with Washington must accompany the motion. A motion to dismiss for lack of personal jurisdiction should comply with the general statewide rules for format of motions as well as any applicable local rules. For discussion, see Motion Practice Fundamentals (WA). See also Formatting Rules in Court Checklist (WA). This template follows the structure for motions specified for use by the superior courts in King County and a few other counties. See Wash. King Super. Ct. LCR 7(b)(5)(B)(i)-(v); see also Wash. San Juan Super. Ct. LCR 7(b)(1); Wash. Snohomish Super. Ct. LCR 7(b)(2)(D). This format generally is acceptable in most or all counties. It combines the motion with the supporting brief/memorandum of points and authorities in one document. Other counties permit the motion and supporting brief to be in separate documents. The motion to dismiss must be signed by defendant's attorney of record in the action. See Wash. CR 11(a). The motion should be filed with the court and served on the other parties to the action in accordance with the general state rules for filing and serving papers, as well as any applicable local rules. See Wash. CR 5, 6. For discussion of general procedures regarding filing and serving of papers, see Filing and Serving Documents Other Than Initial Complaint and Summons (WA). Wash. CR 6(d) generally requires that motions be served at least five days before the hearing on the motion unless another rule or court order provides otherwise. Be sure to check local rules for the court where the action is pending; local rules in some counties specify an earlier deadline for filing and serving motions. For discussion of personal jurisdiction principles, see Personal Jurisdiction (WA). For further discussion of motions to dismiss for lack of personal jurisdiction, see Motion to Dismiss for Lack of Personal Jurisdiction: Making the Motion (WA).