Sample Motion to Dismiss Under Rule 12(b)(5) in United States District Court

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This sample motion to dismiss under Rule 12(b)(5) in United States District Court is made pursuant to Federal Rule of Civil Procedure 12(b)(5) on the grounds of insufficient service of process and is the equivalent of a motion to quash for Federal Court.  The sample can be modified for use in ANY State within the jurisdiction of the Ninth Circuit Court of Appeals. The sample has been revised and updated in August 2017 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, a sample declaration and a proof of service by mail.

The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.