Sample Motion to Dismiss Under Rule 12(b)(5) in United States District Court
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Sample Motion to Dismiss Under Rule 12(b)(5) in United States District Court.
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 2019, and includes,
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority,
- Sample declaration, and
- Proof of service by mail.
The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
Note that the author is NOT an attorney and no guarantee or warranty is provided.