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Form 15 – MOTION TO DISMISS

May 13, 2021 | Civil Procedure, Montana

The defendant moves the court as follows:

(1) To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
(2) To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds: (Here state reasons, such as (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Montana; (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B, respectively; (c) (etc.).)

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Attorney for Defendant

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Address

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Notice of Motion

To: ……., Attorney for Plaintiff:

Please take notice, that the undersigned will bring the above motion for hearing before this court at the courtroom thereof in the Courthouse at …., Montana, on the …. day of …., 20.., at …. o’clock ….M. or as soon thereafter as counsel can be heard.

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Attorney for Defendant

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Address

En. Sec. 80, Ch. 13, L. 1961; amd. Sup. Ct. Ord. Oct. 23, 2001, eff. Oct. 23, 2001.