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Rhode Island Motion to Dismiss

In Rhode Island you move to dismiss under R.I. Super. R. Civ. P. 12(b) within 20 days.

Introduction

In Rhode Island you challenge a complaint with a motion to dismiss under R.I. Super. R. Civ. P. 12(b), which tracks the federal Rule 12(b) scheme but lists its own seven enumerated grounds. The most common ground is 12(b)(6), failure to state a claim upon which relief can be granted, and ground (7) is failure to join an indispensable party. The motion is made in place of an answer and within the same window: 20 calendar days after service of the summons, complaint, and required documents, under R.I. Super. R. Civ. P. 12(a)(1)(A). It must be made before pleading if a further pleading is permitted. Filing it alters the answer clock, and if the court denies the motion or postpones it to trial, your responsive pleading is due within 10 days after notice of the court's action, under Rule 12(a)(3)(A). Rhode Island has a built-in mini-memorandum rule: a 12(b)(6) motion must be accompanied by a short, concise statement of the grounds on which the defense is based, and every motion must state its grounds with particularity under Rule 7(b)(1). General civil cases are filed in the District Court or Superior Court depending on the amount in controversy. Miss the window and you risk a default. DocDraft drafts a Rhode-Island-formatted motion from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    The Rhode Island vehicle is a motion to dismiss under R.I. Super. R. Civ. P. 12(b), which tracks the federal Rule 12(b) scheme; the failure-to-state-a-claim ground is 12(b)(6).

  2. 2

    Rule 12(b) lists seven enumerated grounds: lack of jurisdiction over the subject matter, lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim, and failure to join an indispensable party as ground (7).

  3. 3

    The motion shares the answer window. It is made in place of and within the same period as the answer, 20 calendar days after service of the summons, complaint, and required documents, under R.I. Super. R. Civ. P. 12(a)(1)(A), and must be made before pleading if a further pleading is permitted.

  4. 4

    Filing the motion alters the answer clock. If the court denies the motion or postpones its disposition until trial, your responsive pleading is due within 10 days after notice of the court's action, under R.I. Super. R. Civ. P. 12(a)(3)(A).

  5. 5

    There is no statewide meet-and-confer requirement for a Rule 12(b) motion. Instead, a 12(b)(6) motion must be accompanied by a short, concise statement of the grounds on which the defense is based, under Rule 12(b), and any specific page limits or brief-format details are set by Superior Court local or administrative orders, so check your court's local rules.

  6. 6

    Failure to state a claim, Rule 12(b)(6), is the most common ground. It argues that even if everything in the complaint is true, the facts do not state a claim upon which relief can be granted. If matters outside the pleading are presented and not excluded, the motion converts to summary judgment under Rule 56.

  7. 7

    File in the trial court named on your summons. The District Court has exclusive jurisdiction where the amount in controversy is under $5,000, concurrent jurisdiction with the Superior Court from $5,000 to $10,000, and the Superior Court hears amounts over $10,000.

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 RHODE ISLAND AND PROVIDENCE PLANTATIONS

[COUNTY], SC. SUPERIOR COURT C.A. NO. __________

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

DEFENDANT'S MOTION TO DISMISS

Pursuant to R.I. Super. R. Civ. P. 12(b), and consistent with Rule 7(b)(1), Defendant [DEFENDANT NAME] moves to dismiss the Complaint on the following ground(s):

[ ] (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 an indispensable party

The grounds for this motion are stated with particularity below and, as to ground (6), in the short, concise statement of grounds required by Rule 12(b).

STATEMENT OF GROUNDS AND MEMORANDUM

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

II. SHORT, CONCISE STATEMENT OF GROUNDS (RULE 12(b)) [For a 12(b)(6) motion, set forth the short, concise statement of the grounds on which the defense of failure to state a claim is based.]

III. STANDARD A motion under R.I. Super. R. Civ. P. 12(b)(6) tests whether the Complaint states a claim upon which relief can be granted. 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.

IV. ARGUMENT [Set out the reasons the motion should be granted, with supporting authorities.]

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

Respectfully submitted, [DEFENDANT NAME], Defendant,

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

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this motion on [OPPOSING PARTY / COUNSEL] by [METHOD OF SERVICE] in accordance with the Rhode Island Superior Court Rules of Civil Procedure.

[Signature]

[A separate proposed order may accompany this motion if required by your court's local or administrative practice; confirm before filing.]

Rhode Island Requirements for Motion to Dismiss

File before pleading, within the 20-day window

A pre-answer Rule 12(b) motion is made in place of and within the answer window, which is 20 calendar days after service of the summons, complaint, and required documents, under R.I. Super. R. Civ. P. 12(a)(1)(A). The motion must be made before pleading if a further pleading is permitted.

The motion alters the answer clock until the court rules

Serving a Rule 12(b) motion alters the answer period. If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading is served within 10 days after notice of the court's action, under R.I. Super. R. Civ. P. 12(a)(3)(A).

Select your Rule 12(b) ground or grounds

R.I. Super. R. Civ. P. 12(b) enumerates seven grounds: 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 an indispensable party as ground (7).

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, Rule 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.

State the grounds with particularity

Under Rule 7(b)(1), the motion must be in writing, state with particularity the grounds for it, and set forth the relief or order sought. The caption, signing, and form-of-pleading rules apply to motions per Rule 7(b)(2).

Attach the short, concise statement of grounds for a 12(b)(6) motion

A motion presenting the defense of failure to state a claim must be accompanied by a short, concise statement of the grounds on which the defense is based, under Rule 12(b). No statewide page limit appears in Rules 7, 10, or 12; specific page limits and brief format are set by Superior Court local or administrative orders, so check your court's local rules.

Consider whether a proposed order is required

Rule 7(b)(1) requires the motion itself to set forth the relief or order sought. No statewide Superior Court rule requiring a separate proposed-order document for a Rule 12(b) motion was located; if your court requires one, it is governed by local or administrative practice, so confirm before filing.

File in the trial court named on your summons

File with the clerk of the court named on your summons. The District Court has exclusive jurisdiction where the amount in controversy is under $5,000, concurrent jurisdiction with the Superior Court from $5,000 to $10,000, and the Superior Court hears amounts over $10,000.

Frequently Asked Questions

File a motion to dismiss under R.I. Super. R. Civ. P. 12(b) with the clerk of the court named on your summons, in place of an answer. The motion must be in writing, state the grounds with particularity, and set forth the relief sought, under Rule 7(b)(1). A 12(b)(6) motion must also be accompanied by a short, concise statement of the grounds on which the defense is based.

A pre-answer Rule 12(b) motion is made in place of and within the answer window, which is 20 calendar days after service of the summons, complaint, and required documents, under R.I. Super. R. Civ. P. 12(a)(1)(A). The motion must be made before pleading if a further pleading is permitted.

Rhode Island follows the federal template closely, with defenses raised by motion under R.I. Super. R. Civ. P. 12(b). Seven grounds are enumerated: lack of subject-matter or personal jurisdiction, improper venue, insufficiency of process and of service of process, failure to state a claim, and failure to join an indispensable party. When a 12(b)(6) motion relies on matters outside the pleading and the court does not exclude them, it converts to summary judgment under Rule 56.

No statewide meet-and-confer requirement applies to a Rule 12(b) motion. Instead, a 12(b)(6) motion must be accompanied by a short, concise statement of the grounds on which the defense is based, under Rule 12(b), and every motion must state its grounds with particularity under Rule 7(b)(1). Specific page limits or brief format are set by Superior Court local rules.

If the court denies the motion or postpones its disposition until the trial on the merits, your responsive pleading is due within 10 days after notice of the court's action, under R.I. Super. R. Civ. P. 12(a)(3)(A). Filing the motion alters the original 20-day answer period until the court rules.

File with the clerk of the court named on your summons. The District Court has exclusive jurisdiction where the amount in controversy is under $5,000, concurrent jurisdiction with the Superior Court from $5,000 to $10,000, and the Superior Court hears amounts over $10,000.