Colorado

Civil Procedure

Form 15 – Motion to Dismiss, Presenting Defenses of Failure to State a Claim, and of Lack of Service of Process

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 ground: (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 Colorado; (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.).

3. To dismiss the action on the ground: (here state the same.)

Signed:

Attorney for Defendant.

Notice of Motion

To: ________

Attorney for Plaintiff.

Please take notice that on the ______ day of ______, 20___, the undersigned will apply to the court to set the attached motion for hearing (or to hear the attached motion forthwith).

Signed:

Attorney for Defendant.

Received a copy of the within notice and motion at the City and County of Denver, Colorado, this ______ day of ______, 20___, at the hour of ___ M.

Attorney for Plaintiff.