STATE OF OHIO COURT OF COMMON PLEAS
[COUNTY NAME] COUNTY
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Case No. [_]
Judge [_]
DEFENDANT’S MOTION TO DISMISS
[pursuant to Ohio R. Civ. P. 12(B)]
[// GUIDANCE: Select the specific subdivision(s) of Rule 12(B) that apply, e.g., (1) lack of jurisdiction over the subject matter, (6) failure to state a claim, etc.]
Defendant [DEFENDANT NAME], by and through undersigned counsel and pursuant to Ohio Rule of Civil Procedure 12(B)( [INSERT SUBDIVISION(S)] ), respectfully moves this Court for an Order dismissing the Complaint filed by Plaintiff [PLAINTIFF NAME] in its entirety. The grounds for this Motion are set forth more fully in the accompanying Memorandum in Support.
Defendant further requests oral argument on this Motion under Ohio R. Civ. P. 7(B)(2) and Local Rule [INSERT LOCAL RULE NUMBER], because oral presentation will assist the Court in resolving the legal issues presented.
A proposed order is submitted herewith.
Date: [____]
Respectfully submitted,
[ATTORNEY NAME] (Bar No. [__])
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: ([]) -_
Email: [_____]
Counsel for Defendant [DEFENDANT NAME]
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
TABLE OF CONTENTS
- Introduction ……………………………………………………………… 1
- Procedural Background ………………………………………………… 1
- Legal Standard …………………………………………………………… 2
- Argument …………………………………………………………………… 3
4.1 Lack of Subject-Matter Jurisdiction (Rule 12(B)(1)) ……… 3
4.2 Failure to State a Claim (Rule 12(B)(6)) ……………………… 4
4.2.1 Element-Specific Deficiencies ………………………………… 4
4.2.2 Statutory Bars to Relief ………………………………………… 5
4.3 Insufficient Service of Process (Rule 12(B)(5)) …………… 6 - Request for Oral Argument …………………………………………… 6
- Conclusion ………………………………………………………………… 7
Certificate of Service ……………………………………………………… 8
[// GUIDANCE: Delete inapplicable sections, renumber accordingly, and add additional grounds (e.g., Rule 12(B)(2) personal jurisdiction, Rule 12(B)(3) improper venue) as needed.]
1. Introduction
Plaintiff’s Complaint fails to meet basic pleading requirements and is subject to dismissal under Ohio R. Civ. P. 12(B). Specifically, Plaintiff has neither alleged facts establishing this Court’s subject-matter jurisdiction nor stated a cognizable claim upon which relief can be granted. For these reasons, and as further set forth below, dismissal is warranted.
2. Procedural Background
- Plaintiff filed the Complaint on [FILING DATE].
- Defendant was served (or attempted service) on [SERVICE DATE].
- No answers or other responsive pleadings have been filed by any other party to date.
[// GUIDANCE: Insert any relevant procedural history such as amended complaints, prior motions, consolidation orders, etc.]
3. Legal Standard
Under Ohio R. Civ. P. 12(B), a defendant may, by motion, assert the defenses of lack of jurisdiction, improper venue, failure to state a claim, and other specified grounds before filing an answer. See Ohio R. Civ. P. 12(B)(1)–(7). For purposes of a Rule 12(B)(6) motion, the Court must presume the truth of well-pleaded factual allegations but need not accept legal conclusions unsupported by facts. A complaint that fails to articulate a set of facts showing entitlement to relief must be dismissed. Id. 12(B)(6).
4. Argument
4.1 Lack of Subject-Matter Jurisdiction (Rule 12(B)(1))
[Explain why the Court lacks jurisdiction—e.g., exclusive federal jurisdiction, statutory preclusion, amount-in-controversy limits, etc. Include citations to jurisdictional statutes only if certain.]
4.2 Failure to State a Claim (Rule 12(B)(6))
4.2.1 Element-Specific Deficiencies
• Count I (e.g., Negligence): Plaintiff fails to plead duty, breach, causation, and damages with the particularity required by Ohio pleading standards.
• Count II (e.g., Statutory Claim): Plaintiff does not allege facts bringing Defendant’s conduct within the ambit of the cited statute, nor does Plaintiff allege compliance with statutory prerequisites such as notice or exhaustion.
4.2.2 Statutory Bars to Relief
• Statute of Limitations: The face of the Complaint shows the alleged conduct occurred on [DATE], more than [X] years prior to filing, exceeding the [STATUTE] limitations period.
• Statutory Immunity: Defendant is immune under [APPLICABLE STATUTORY IMMUNITY, if certain].
4.3 Insufficient Service of Process (Rule 12(B)(5))
Plaintiff attempted service by [METHOD]; however, service was defective because [REASON: e.g., incorrect address, failure to comply with Civ.R. 4(E) certified mail requirements]. Without valid service, this Court lacks personal jurisdiction over Defendant.
5. Request for Oral Argument
Pursuant to Ohio R. Civ. P. 7(B)(2) and Local Rule [____], Defendant respectfully requests oral argument. Oral presentation will aid the Court in clarifying the dispositive legal issues and may expedite resolution.
[// GUIDANCE: Some Ohio counties require a separate written request or a notation on the motion’s caption (e.g., “ORAL ARGUMENT REQUESTED”). Customize accordingly.]
6. Conclusion
For the foregoing reasons, Defendant respectfully requests that the Court dismiss Plaintiff’s Complaint in its entirety, with prejudice, and award such further relief as the Court deems just and proper.
Date: [____]
Respectfully submitted,
[ATTORNEY NAME] (Bar No. [__])
Counsel for Defendant
PROPOSED ORDER
[CAPTION]
Upon consideration of Defendant’s Motion to Dismiss, any opposition filed thereto, and the entire record herein, it is hereby ORDERED that:
- Defendant’s Motion is GRANTED;
- Plaintiff’s Complaint is DISMISSED WITH PREJUDICE; and
- This case is terminated on the Court’s docket.
IT IS SO ORDERED.
Date: [_] ______
Judge [______]
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing Motion to Dismiss and Memorandum in Support was served upon all counsel of record this ___ day of ____, 20__, by [METHOD OF SERVICE consistent with Ohio R. Civ. P. 5(B)(2) and any local e-filing rules], addressed as follows:
[NAME & ADDRESS OF OPPOSING COUNSEL]
[ATTORNEY NAME]
CUSTOMIZATION CHECKLIST
[// GUIDANCE: Use this list to confirm all placeholders are completed.]
- Court and county name
- Case number and judge
- Party names and capacities
- Applicable Rule 12(B) ground(s)
- Local rule citations for briefing and oral argument
- Accurate procedural history and dates
- Service details in Certificate of Service
- Attorney signature block information
BRIEFING SCHEDULE NOTES (OHIO)
• Initial Response Deadline: Plaintiff’s memorandum contra due within 14 days after service of this Motion, unless the Court orders otherwise. Ohio R. Civ. P. 6(C)(1).
• Reply Deadline: Defendant’s reply due within 7 days after service of the memorandum contra. Id.
[// GUIDANCE: Some counties modify these deadlines by local rule or standing order. Adjust accordingly.]
ORAL ARGUMENT PRACTICE POINTERS
• Many Ohio trial courts decide motions on the papers absent a formal request. Always include a distinct request and, if required, a proposed hearing date.
• Confirm whether the assigned judge prefers a separate notice of oral argument under the local rules.
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