Gale Encyclopedia of American Law Volume 7 P16 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 138 MOTION A sample motion to dismiss form. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE A PART OF CENGAGE LEARNING. Motion to Dismiss Form UNITED STATES DISTRICT COURT for the __ DISTRICT OF Name s of plaintiff s Plaintiff s v. Name s of defendant s Defendant s Civil Action No. MOTION TO DISMISS UNDER RULE 12 b FOR LACK OF JURISDICTION IMPROPER VENUE INSUFFICIENT SERVICE OF PROCESS OR FAILURE TO STATE A CLAIM The defendant moves to dismiss the action because 1. the amount in controversy is less than the sum or value specified by 28 . 1332 2. the defendant is not subject to the personal jurisdiction of this court 3. venue is improper this defendant does not reside in this district and no part of the events or omissions giving rise to the claim occurred in the district 4. the defendant has not been properly served as shown by the attached affidavits of or 5. the complaint fails to state a claim upon which relief can be granted. Date Signature of the attorney or unrepresented party Printed name Address E-mail address Telephone number language in pleadings that is redundant immaterial impertinent or scandalous. A party can file a motion for a more definite statement when the language in a pleading is so vague or ambiguous that the party cannot reasonably be expected to draft a responsive pleading. A motion for summary judgment also known as a motion for judgment on the pleadings asks the court to make a judgment solely on the facts set forth in the pleadings without the necessity of trial. A court will grant a summary judgment motion when the material facts of the case are not in dispute and all that remains to be determined are questions of law. For example in Stieber v. Journal Publishing Co. 120 N. M. 270 901 201 App. 1995 the court found that the issue of whether a newspaper company s treatment of a reporter was extreme and outrageous was a legal question not a factual question. In that case .
