§ 9-11-119.Form of motion to dismiss, presenting defense of failure to state a claim

A motion to dismiss for failure to state a claim tests whether the complaint, taken as written, adds up to a legal claim at all — it does not dispute the facts so much as challenge whether they matter. This form shows how compactly that motion can be drafted.

The motion sets out two numbered grounds: first, that the complaint fails to state a claim against the defendant upon which relief can be granted; second, a placeholder for any additional defenses available under subsection (b) of Code Section 9-11-12, such as lack of jurisdiction, improper venue, or insufficient process. A Notice of Motion follows, giving the plaintiff’s attorney the date, time, and place the motion will be heard.

That notice component matters as much as the motion itself. Filing the motion alone does not tell the other side when to show up; the attached notice is what turns the filing into a scheduled hearing the plaintiff can prepare for and attend.

As elsewhere in this article, the statute presents the motion as one illustration of how a defense under Code Section 9-11-12 might be raised, not the only acceptable wording — and the blank second paragraph invites a defendant to combine several defenses in a single motion rather than filing one for each.