Indiana Motion to Dismiss
In Indiana you move to dismiss under Trial Rule 12(B) within the 20-day answer window.
Introduction
In Indiana you challenge a complaint before answering by filing a motion to dismiss under Indiana Trial Rule 12(B), most often Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted. The rule is modeled on Federal Rule 12(b) but enumerates eight grounds rather than seven: alongside the familiar jurisdiction, venue, process, service, failure-to-state-a-claim, and failure-to-join grounds, Indiana adds ground (8), the same action pending in another state court of this state, a prior-pending-action defense with no federal counterpart. The motion must be made before pleading, so it falls within the same window otherwise allowed for the answer: 20 days after service of the summons and complaint, or 23 days if served by United States mail, computed under Trial Rule 12(A) by reference to Rule 6(C) and Rule 6(E). Filing the motion in lieu of answering replaces the 20-day answer obligation until the court decides it. The form of the motion is governed by Trial Rule 7(B), which requires a written motion stating the grounds and relief sought, accompanied by a separate proposed order. Rule 12 sets no statewide page limit or memorandum requirement, so check the filing court's local rules for any supporting-brief obligation. Missing the window risks a default judgment. DocDraft drafts an Indiana-formatted motion to dismiss from your facts, with attorney review available before you file.
Key Things to Know
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Indiana's vehicle is a motion to dismiss under Indiana Trial Rule 12(B) (Defenses and objections; when and how presented), most commonly Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted.
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Trial Rule 12(B) enumerates eight grounds, the federal seven plus an Indiana-specific eighth: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) incorrect venue under Trial Rule 75 or any statutory provision, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted (which includes failure to name the real party in interest under Rule 17), (7) failure to join a party needed under Rule 19, and (8) the same action pending in another state court of this state.
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The motion must be made before pleading, so it falls within the answer window: 20 days after service of the summons and complaint, or 23 days if served by United States mail, computed under Trial Rule 12(A) by reference to Rule 6(C) and Rule 6(E). Filing the motion in lieu of answering replaces the 20-day answer obligation until the court rules.
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If the court denies the Rule 12(B) motion, your answer is due within ten days after notice of the court's action under Indiana Trial Rule 12(A). That ten-day clock runs from the ruling, not the original summons, so calendar it from the date you receive notice.
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Indiana has no statewide meet-and-confer requirement for a Rule 12(B) motion to dismiss; its good-faith-conference duties sit in the discovery rules such as Trial Rule 26(F), not as a precondition to a dismissal motion. Individual county local rules may impose conference requirements, so re-confirm the local rule of the filing court.
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The most common ground is Trial Rule 12(B)(6), failure to state a claim upon which relief can be granted, which tests the legal sufficiency of the complaint; if matters outside the pleadings are presented and not excluded by the court, a 12(B)(6) motion is treated as one for summary judgment under Rule 56.
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File in the Indiana Circuit Court or Superior Court named in the summons, the courts of general civil jurisdiction, with the clerk of that court. Trial Rule 7(B) requires a separate proposed order with every written motion, and e-filing is mandatory for attorneys.
Key Decisions
Motion to Dismiss Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Indiana Requirements for Motion to Dismiss
A Trial Rule 12(B) motion must be made before pleading, so it is filed within the answer window: 20 days after service of the summons and complaint, or 23 days if served by United States mail. Time is computed under Trial Rule 12(A) by reference to Rule 6(C) and Rule 6(E). Filing the motion in lieu of answering replaces the answer obligation until the court rules.
Confirm the date the summons and complaint were served on you and how they were served. The window runs 20 days from that service date, or 23 days if served by United States mail under Rule 6(E). Miss it without filing the motion or an answer and you risk a default judgment.
Identify which of the eight enumerated Trial Rule 12(B) grounds apply: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) incorrect venue under Trial Rule 75, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party needed under Rule 19, or (8) the same action pending in another state court of this state.
Indiana adds an eighth ground that has no Federal Rule 12(b) counterpart: the same action pending in another state court of this state. If the same dispute is already pending in another Indiana state court, this prior-pending-action ground can support dismissal. Ground (6) also folds in failure to name the real party in interest under Rule 17.
Indiana Trial Rule 12 sets no statewide page limit or uniform memorandum requirement for a motion to dismiss. Supporting briefs and any page limits are governed by the filing court's local rules. Check the local rules of the Circuit or Superior Court where your case is pending and conform the memorandum accordingly.
Trial Rule 7(B) requires that every written motion, including a Rule 12(B) motion to dismiss, state the grounds and relief sought and be accompanied by a separate proposed order. Under the Indiana E-Filing System the proposed order is filed as a separate lead document per local e-filing rules.
A Trial Rule 12(B)(6) motion is decided on the face of the pleadings. If matters outside the pleadings are presented to and not excluded by the court, the motion is treated as one for summary judgment and disposed of under Rule 56. Keep your motion to the pleadings if you want it decided as a motion to dismiss.
File the motion with the clerk of the Indiana Circuit Court or Superior Court named in the summons, the courts of general civil jurisdiction. E-filing is mandatory for attorneys and optional for self-represented litigants. Serve a copy on the plaintiff or plaintiff's counsel and include a certificate of service.
Frequently Asked Questions
File a written motion to dismiss under Indiana Trial Rule 12(B) before serving your answer, identifying which of the eight enumerated grounds apply. Under Trial Rule 7(B) the motion must state the grounds and the relief sought and be accompanied by a separate proposed order. File it with the clerk of the Circuit or Superior Court named in the summons. The motion must be made before pleading.
A Trial Rule 12(B) motion is filed within the answer window, because it must be made before pleading: 20 days after service of the summons and complaint, or 23 days if served by United States mail. Time is computed under Trial Rule 12(A) by reference to Rule 6(C) and Rule 6(E). Filing the motion in lieu of answering replaces the answer obligation until the court rules.
Trial Rule 12(B)'s most common ground is failure to state a claim upon which relief can be granted: even taking the allegations as true, the complaint states no legal claim. The rule also reaches subject-matter jurisdiction, personal jurisdiction, incorrect venue under Trial Rule 75, process, service, and failure to join a party under Rule 19. Indiana adds an eighth ground with no federal counterpart: the same action pending in another state court of this state.
The Indiana Rules of Trial Procedure contain no statewide meet-and-confer requirement before filing a Trial Rule 12(B) motion to dismiss. Good-faith-conference duties appear in the discovery rules, such as Trial Rule 26(F), not as a precondition to a dismissal motion. Some county local rules may impose conference requirements, so check the local rules of the court where your case is pending.
Denial does not end the case; it revives your answer obligation. Under Indiana Trial Rule 12(A), if the court does not grant the Rule 12(B) motion, the responsive pleading must be served within ten days after notice of the court's action. That ten-day clock runs from the ruling, not from the original summons, so calendar it from the date you receive notice and then defend on the merits.
File in the Indiana Circuit Court or Superior Court named in the summons, the courts of general civil jurisdiction, with the clerk of that court. E-filing is mandatory for attorneys and optional for self-represented litigants. Matters on the small-claims docket use a different appearance-at-hearing track and do not ordinarily take a Rule 12 motion to dismiss.