DocDraft Logo

Maine Motion to Dismiss

In Maine you move to dismiss under Me. R. Civ. P. 12(b) within 20 days, with a memorandum and draft order.

Introduction

In Maine you challenge a complaint with a motion to dismiss under Me. R. Civ. P. 12(b), which closely tracks the federal Rule 12. The rule lists seven enumerated defenses you may raise by motion, ending at 12(b)(7) failure to join a party under Rule 19; there is no 12(b)(8). The most common ground is 12(b)(6), failure to state a claim upon which relief can be granted. The motion must be made before pleading if a further pleading is permitted, so filing it stands in for your answer. The shared responsive window is 20 days after service of the summons, complaint, and notice regarding Electronic Service, under Me. R. Civ. P. 12(a). If the court denies the motion or postpones it to trial, your answer is then due within 10 days after notice of the court's action. What makes Maine practice distinct is Rule 7. Under Rule 7(b)(1) the motion must be in writing, state the grounds with particularity, cite the rule invoked, and set forth the relief sought. Under Rule 7(b)(3) you must also file a supporting memorandum of law and a draft proposed order. Civil actions are filed in the District Court or the Superior Court, which share original jurisdiction under 4 M.R.S. section 152. Miss the window and you risk a default. DocDraft drafts a Maine-formatted motion from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    The Maine vehicle is a motion to dismiss under Me. R. Civ. P. 12(b), which closely tracks the federal Rule 12; 12(b)(6) is failure to state a claim upon which relief can be granted.

  2. 2

    Rule 12(b) lists seven enumerated defenses: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim, and failure to join a party under Rule 19. The list ends at 12(b)(7); there is no 12(b)(8) in Maine.

  3. 3

    The motion shares the answer window. A Rule 12(b) motion must be made before pleading if a further pleading is permitted, and the answer is due within 20 days after service of the summons, complaint, and notice regarding Electronic Service, under Me. R. Civ. P. 12(a).

  4. 4

    If the court denies the motion or postpones its disposition to trial, the responsive pleading is served within 10 days after notice of the court's action, under Me. R. Civ. P. 12(a). Serving the motion alters the 20-day answer period in this way.

  5. 5

    Maine requires a supporting memorandum of law and a draft order with the motion under Me. R. Civ. P. 7(b)(3). The memorandum must include citations of supporting authorities, and the draft order must grant the motion and specifically state the relief to be granted. Rule 7 states no page limit.

  6. 6

    Failure to state a claim, Rule 12(b)(6), is the most common ground. It argues that even taking the complaint as true, the facts do not state a claim upon which relief can be granted. If matters outside the pleading are presented and not excluded by the court on a 12(b)(6) motion, the motion is treated as one for summary judgment under Rule 56.

  7. 7

    File in the trial court where the action is pending. The Maine District Court and Superior Court have concurrent original jurisdiction of civil actions when no equitable relief is demanded, under 4 M.R.S. section 152; the Superior Court has exclusive jurisdiction over jury trials. A 12(b)(6) merits-dismissal motion carries a filing fee, while motions raising only the threshold defenses in 12(b)(1) through 12(b)(5) are not subject to a fee.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

STATE OF MAINE [DISTRICT / SUPERIOR] COURT [COUNTY], ss. LOCATION: [CITY] DOCKET NO. __________

[PLAINTIFF NAME], ) Plaintiff, ) ) v. ) DEFENDANT'S MOTION TO DISMISS ) UNDER M.R. CIV. P. 12(b) [DEFENDANT NAME], ) Defendant. ) ____________________________________)

DEFENDANT'S MOTION TO DISMISS

Pursuant to Me. R. Civ. P. 12(b) and 7(b), Defendant [DEFENDANT NAME] moves the Court to dismiss the Complaint on the following ground(s), stated with particularity:

[ ] (1) Lack of jurisdiction over the subject matter [ ] (2) Lack of jurisdiction over the person [ ] (3) Improper venue [ ] (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 under Rule 19

The grounds for this motion and the relief sought are set forth above and in the accompanying Memorandum of Law. The relief sought is dismissal of the Complaint.

NOTICE: Pursuant to Me. R. Civ. P. 7(b)(1)(A), any party opposing this motion must file an opposition within 21 days after the filing of the motion. Failure to file a timely opposition will be deemed a waiver of all objections to the motion.

MEMORANDUM OF LAW (Filed with this motion pursuant to Me. R. Civ. P. 7(b)(3))

I. INTRODUCTION [State the ground(s) relied on and the relief requested.]

II. STANDARD A motion under Me. R. Civ. P. 12(b)(6) tests whether the Complaint states a claim upon which relief can be granted. [State the applicable standard with citations of supporting authorities.] If matters outside the pleading are presented and not excluded by the Court, the motion is treated as one for summary judgment under Rule 56.

III. ARGUMENT [Set out the reasons the motion should be granted, with citations of supporting authorities as required by Me. R. Civ. P. 7(b)(3).]

WHEREFORE, Defendant respectfully requests that the Court grant this motion, dismiss the Complaint, and grant such other relief as the Court deems just.

Respectfully submitted, [DEFENDANT NAME], Defendant,

[Signature] [Name / Maine Bar No., if represented] [Address] [Telephone] [Email] Dated: ______________

[ATTACH: DRAFT ORDER]

ORDER (PROPOSED) Pursuant to Me. R. Civ. P. 7(b)(3), the following draft order is submitted with this motion:

Upon consideration of Defendant's Motion to Dismiss under Me. R. Civ. P. 12(b), and any opposition thereto, the motion is GRANTED. The Complaint is hereby DISMISSED.

Dated: ______________ _______________________________ Judge / Justice

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this motion, the accompanying Memorandum of Law, and the draft order on [OPPOSING PARTY / COUNSEL] by [METHOD OF SERVICE] in accordance with the Maine Rules of Civil Procedure.

[Signature]

Maine Requirements for Motion to Dismiss

File before pleading, within the 20-day window

A Rule 12(b) motion must be made before pleading if a further pleading is permitted. It shares the answer window, which is 20 days after service of the summons, complaint, and notice regarding Electronic Service, under Me. R. Civ. P. 12(a).

The motion alters the answer clock; 10 days after a denial

Serving a Rule 12(b) motion alters the 20-day answer period. If the court denies the motion or postpones its disposition until trial on the merits, the responsive pleading is served within 10 days after notice of the court's action, under Me. R. Civ. P. 12(a).

Select your Rule 12(b) ground or grounds

Me. R. Civ. P. 12(b) enumerates seven defenses: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim, and failure to join a party under Rule 19. The list ends at 12(b)(7); there is no 12(b)(8).

Failure to state a claim under 12(b)(6)

The most common ground is failure to state a claim upon which relief can be granted, Me. R. Civ. P. 12(b)(6). If matters outside the pleading are presented and not excluded by the court, the motion is treated as one for summary judgment under Rule 56.

File a supporting memorandum of law

Under Me. R. Civ. P. 7(b)(3), a party filing a motion must file with it a memorandum of law that includes citations of supporting authorities. The motion itself must be in writing, state the grounds with particularity, cite the rule invoked, and set forth the relief sought under Rule 7(b)(1). Rule 7 states no page limit.

Attach a draft proposed order

Under Me. R. Civ. P. 7(b)(3), the moving party must file with the motion a draft order that grants the motion and specifically states the relief to be granted. For a motion to dismiss, the draft order grants the motion and dismisses the complaint.

Note the fee distinction by ground

A 12(b)(6) merits-dismissal motion carries a filing fee, while motions raising only the threshold defenses in 12(b)(1) through 12(b)(5) are not subject to a fee. Confirm the current fee with the clerk for the court where you file.

File in the District Court or Superior Court

File in the trial court where the action is pending. The Maine District Court and Superior Court have concurrent original jurisdiction of civil actions when no equitable relief is demanded, under 4 M.R.S. section 152; the Superior Court has exclusive jurisdiction over jury trials. Confirm the court named on your summons before filing.

Frequently Asked Questions

File a motion to dismiss under Me. R. Civ. P. 12(b) in the trial court where the action is pending. Under Rule 7(b)(1) the motion must be in writing, state the grounds with particularity, cite the rule invoked, and set forth the relief sought. Under Rule 7(b)(3) you must also file a supporting memorandum of law with citations and a draft order granting the motion and stating the relief to be granted.

A Rule 12(b) motion must be made before pleading if a further pleading is permitted. It shares the answer window, which is 20 days after service of the summons, complaint, and notice regarding Electronic Service, under Me. R. Civ. P. 12(a). Filing the motion stands in for your answer until the court rules.

Me. R. Civ. P. 12(b) controls, and how you sequence the defenses matters. Lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process are waived if not raised in your first Rule 12 motion or the responsive pleading. Lack of subject-matter jurisdiction and failure to state a claim under 12(b)(6) stay preserved and can be raised later. Maine's list ends at 12(b)(7), failure to join a party under Rule 19.

Yes. Under Me. R. Civ. P. 7(b)(3), a party filing a motion must file with it a memorandum of law that includes citations of supporting authorities and a draft order that grants the motion and specifically states the relief to be granted. The motion itself must state the grounds with particularity and cite the rule invoked under Rule 7(b)(1).

If the court denies the Rule 12(b) motion or postpones its disposition until trial on the merits, the responsive pleading is served within 10 days after notice of the court's action, under Me. R. Civ. P. 12(a). The case then continues and you file your answer to the complaint within that period.

File in the trial court where the action is pending. The Maine District Court and Superior Court have concurrent original jurisdiction of civil actions when no equitable relief is demanded, under 4 M.R.S. section 152. The Superior Court has exclusive jurisdiction over jury trials. Confirm the court named on your summons before filing.