[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Case No. [__]
)
[DEFENDANT NAME], )
Defendant. )

DEFENDANT’S COMBINED MOTION TO DISMISS
AND BRIEF IN SUPPORT [ORAL ARGUMENT REQUESTED]

[// GUIDANCE: If oral argument is NOT desired, delete the bracketed language above and the oral-argument section below.]

TABLE OF CONTENTS

I. INTRODUCTION & RELIEF REQUESTED ............................................... 2
II. PROCEDURAL BACKGROUND ............................................................ 2
III. STANDARD OF REVIEW ................................................................. 3
IV. ARGUMENT & AUTHORITY .............................................................. 3
A. Lack of Subject-Matter Jurisdiction – 12 O.S. § 2012(B)(1) ............... 3
B. Lack of Personal Jurisdiction – § 2012(B)(2) .................................. 4
C. Insufficiency of Process/Service – § 2012(B)(4)–(5) ........................... 4
D. Failure to State a Claim – § 2012(B)(6) ........................................... 5
E. Improper Venue – § 2012(B)(3) ..................................................... 6
F. Consolidation of Defenses & Reservation of Rights .......................... 6
V. REQUEST FOR ORAL ARGUMENT [OPTIONAL] ........................................ 7
VI. CONCLUSION & PRAYER FOR RELIEF ................................................ 7
VII. NOTICE OF BRIEFING SCHEDULE ....................................................... 8
VIII. CERTIFICATE OF SERVICE ............................................................. 9
IX. PROPOSED ORDER (ATTACHMENT “A”) ............................................... 10

I. INTRODUCTION & RELIEF REQUESTED

Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves this Court pursuant to 12 O.S. § 2012(B) to dismiss the Petition filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”). As set forth more fully below, the Petition should be dismissed in its entirety because it:

1. fails to invoke the Court’s subject-matter jurisdiction;
2. fails to establish personal jurisdiction over Defendant;
3. was not properly served; and/or
4. fails to state any claim upon which relief can be granted.

Accordingly, Defendant requests entry of the Proposed Order attached hereto as Attachment “A,” dismissing the Petition with prejudice [or “without prejudice,” as applicable], and granting such further relief as the Court deems just and proper.

[// GUIDANCE: Tailor the numbered grounds to those actually being asserted. Delete any inapplicable grounds.]

II. PROCEDURAL BACKGROUND

1. On [DATE], Plaintiff filed the Petition asserting claims for [LIST CLAIMS].
2. On [DATE], Plaintiff attempted service on Defendant by [METHOD]; however, service was [INSUFFICIENT/UNTIMELY] because [EXPLANATION].
3. Defendant now timely files this Motion within the period allowed by 12 O.S. § 2012(A).

III. STANDARD OF REVIEW

Under Oklahoma’s Pleading Code, “every defense…shall be asserted in the responsive pleading…except that the following defenses may at the option of the pleader be made by motion.” 12 O.S. § 2012(B). When evaluating a motion to dismiss under § 2012(B)(6), the Court must determine whether the petition alleges facts that, if true, would entitle the plaintiff to relief under any cognizable legal theory. Conclusory allegations unsupported by factual averments are insufficient.

[// GUIDANCE: Oklahoma courts follow a notice-pleading standard similar to federal Rule 8; if a stricter standard (e.g., fraud with particularity) applies, add a brief note here.]

IV. ARGUMENT & AUTHORITY

A. Lack of Subject-Matter Jurisdiction – 12 O.S. § 2012(B)(1)
[Provide jurisdictional analysis—e.g., amount in controversy below jurisdictional threshold, exclusive federal jurisdiction, or administrative exhaustion requirements.]

B. Lack of Personal Jurisdiction – § 2012(B)(2)
1. No Minimum Contacts: Plaintiff fails to allege facts showing Defendant “purposefully availed” itself of the privilege of conducting activities in Oklahoma.
2. Fair Play & Substantial Justice: Exercising jurisdiction would offend traditional notions of fair play given [FACTS].

C. Insufficiency of Process/Service – § 2012(B)(4)–(5)
Service was attempted by certified mail but lacked the statutorily required return receipt or affidavit of mailing. Consequently, the Court lacks authority over Defendant.

D. Failure to State a Claim – § 2012(B)(6)
1. Claim One (Breach of Contract)
a. Essential element—existence of enforceable contract—absent; the alleged “agreement” is unenforceable under the Statute of Frauds.
2. Claim Two (Negligence)
a. Plaintiff pleads no duty owed by Defendant independent of contractual obligations.

[// GUIDANCE: Break down each cause of action, list required elements under Oklahoma law, and show where the pleading is deficient. Keep citations to statutes only as needed and ensure accuracy.]

E. Improper Venue – § 2012(B)(3)
Venue is proper in [COUNTY] County, not in [CURRENT COUNTY], because the alleged events occurred and Defendant resides in [CORRECT COUNTY].

F. Consolidation of Defenses & Reservation of Rights
Defendant consolidates all available Rule 12 defenses herein and expressly reserves the right to assert additional defenses or affirmative matters in any subsequent responsive pleading.

V. REQUEST FOR ORAL ARGUMENT [OPTIONAL]

Pursuant to Rule 4 of the Rules for District Courts of Oklahoma, Defendant respectfully requests oral argument on this Motion. Oral presentation will materially assist the Court in resolving the disputed jurisdictional issues. Estimated time requested: [20] minutes.

[// GUIDANCE: Confirm local rule requirements (e.g., file separate notice, obtain hearing date from the assigned judge’s clerk).]

VI. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant prays that the Court:

1. GRANT this Motion;
2. DISMISS Plaintiff’s Petition with prejudice [or “without prejudice”];
3. TAX costs against Plaintiff; and
4. Award such other and further relief as the Court deems just and proper.

VII. NOTICE OF BRIEFING SCHEDULE

Pursuant to Rule 4 of the Rules for District Courts of Oklahoma and Local Rule [LOCAL RULE NUMBER], any response to this Motion must be filed within [15] days of service, and any reply by Defendant must be filed within [10] days thereafter. Failure to respond timely may be deemed confession of the Motion.

[// GUIDANCE: Verify the exact day counts for your district; some judges issue individualized scheduling orders overriding default rules.]

VIII. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of [MONTH], [YEAR], a true and correct copy of the foregoing Defendant’s Combined Motion to Dismiss and Brief in Support was served:

☐ via the Court’s electronic filing system, which caused notice to be sent to all registered counsel of record;
☐ via certified U.S. Mail, postage prepaid; and/or
☐ via electronic mail to:

[NAME & ADDRESS OF OPPOSING COUNSEL]

Respectfully submitted,

[ATTORNEY NAME], OBA # [__]
[FIRM NAME]
[ADDRESS]
[CITY], Oklahoma [ZIP]
Telephone: [__]
Email: [______]
ATTORNEY FOR DEFENDANT

IX. PROPOSED ORDER (ATTACHMENT “A”)

IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA

[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Case No. [__]
)
[DEFENDANT NAME], )
Defendant. )

ORDER GRANTING MOTION TO DISMISS

Before the Court is Defendant’s Combined Motion to Dismiss and Brief in Support. The Court, having reviewed the pleadings, considered the arguments of counsel, and being fully advised in the premises, finds that the Motion should be, and hereby is, GRANTED for the reasons set forth therein.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff’s Petition is DISMISSED [with/without] prejudice. Costs are taxed to Plaintiff.

IT IS SO ORDERED this ___ day of __, 20.

JUDGE OF THE DISTRICT COURT

Approved as to Form:

_____ ________
[PLAINTIFF COUNSEL NAME] [DEFENSE COUNSEL NAME]

[// GUIDANCE: Some Oklahoma judges require both counsel to “sign-off” on proposed orders before consideration; remove if unnecessary.]

[// GUIDANCE:
1. Verify all statutory citations (e.g., 12 O.S. § 2012) and local rule references for accuracy against current Oklahoma law.
2. Customize factual assertions, grounds for dismissal, and briefing deadlines to the specific case and assigned judge.
3. Ensure compliance with all word-count or page-limit restrictions set by the Oklahoma Supreme Court or local administrative orders.
4. After tailoring, convert this Markdown to standard pleading format (double-spaced, 12-pt font, numbered paragraphs) before filing.]