The defendant moves that the Court proceed as follows:
1. To dismiss the complaint for lack of subject matter jurisdiction in that it is [an action seeking the reformation of a written instrument (or as the case may be)] and plaintiff has a full and adequate remedy [at law] [in equity].
2. To dismiss the complaint for lack of jurisdiction over the person in that [the defendant is a corporation organized under the laws of the State of _________________ and was not and is not subject to service of process within the State of Mississippi (or as the case may be)].
3. To dismiss the action on the ground of improper venue in that defendant is a domestic corporation domiciled in _____________________ County, which is not the county in which [this action is brought] [the cause of action occurred or accrued].
4. To dismiss the complaint because of insufficiency of process in that the summons served on the defendant [was not signed by the clerk] [does not contain the names and addresses of the parties] [is directed to a person other than the defendant named in the complaint [did not have attached a copy of the complaint] (or as the case may be).
5. To dismiss the action because of insufficiency of service of process in that the summons served on defendant [was sent by ordinary mail rather than by certified mail] [was served by a process server who is not sheriff of the county in which it was served nor a person eighteen years or older] [was served on a member of defendant’s family who is less than sixteen years of age] [was served on _______________, who is neither an officer nor the registered agent of the defendant corporation] (or as the case may be).
6. To dismiss the complaint for failure to state a claim upon which relief can be granted.
7. To dismiss the complaint for failure to join ______________________, a [person] [corporation] necessary for just adjudication because [he] [it] is this defendant’s [co-tenant, lessee, royalty holder, assignee (or as the case may be)] whose rights are involved in this action.
NOTICE OF MOTION
TO:
___________________________
Attorney for Plaintiff
___________________________
___________________________
Address
Please take notice that the undersigned will bring the above motion on for hearing before this court at the ____________________ County Courthouse in the City of ___________________, Mississippi, on the _______ day of ___________________, 19______, at ____________ o’clock a. m./p. m. that day or as soon thereafter as counsel can be heard.
_____________________________________
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of this Motion to Dismiss and Notice of same on J.K, Counsel of Record for the Plaintiff, A.B., by placing a copy of same in the United States mail, postage prepaid, addressed to his regular business mailing address.
This the _____________ day of _________________, 19_____________.
_________________________________
Attorney for Defendant
____________________________
____________________________
Address