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Motion to Dismiss (FRCP 12(b)(6))
Federal & State Law Editorial TeamLast reviewed: April 2026
Motion seeking dismissal of a complaint for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6).
PDF TemplateUse the instructions below to complete this form
Instructions
Complete the case caption with your court name, case number, and party names. State the legal standard under Ashcroft v. Iqbal and Bell Atlantic v. Twombly, then explain why each claim fails as a matter of law. Attach a memorandum of law with supporting authorities. File before or simultaneously with your Answer per FRCP 12(b).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.