Utah Motion to Dismiss
In Utah you move to dismiss under Rule 12(b) within the 21-day in-state answer window, memorandum built in.
Introduction
In Utah you challenge a complaint before answering by filing a motion to dismiss under Utah Rule of Civil Procedure 12(b), most often Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The rule tracks the federal model closely, listing 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. The motion must be made before pleading, so it falls within the same window the answer is due: 21 days after service of the summons and complaint within the state, or 30 days after service outside the state, under Rule 12(a)(1). Filing the motion in lieu of an answer is the pre-answer vehicle and runs the clock on that same period. Utah's distinctive practice rule is Rule 7: the supporting memorandum is built into the motion rather than filed as a separate brief, and a Rule 12(b) motion and its memorandum are capped at 25 pages or 9,000 words. A proposed order is not filed with a contested motion to dismiss; under Rule 7 it is required only for stipulated, ex parte, or unopposed motions. Missing the window risks a default judgment. DocDraft drafts a Utah-formatted motion to dismiss from your facts, with attorney review available before you file.
Key Things to Know
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Utah's vehicle is a motion to dismiss under Utah Rule of Civil Procedure 12(b), most commonly Rule 12(b)(6) for failure to state a claim upon which relief can be granted, a rule that tracks the federal Rule 12(b) almost verbatim.
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Rule 12(b) enumerates seven grounds that may be raised by motion at the option of the pleader: (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, and (7) failure to join an indispensable party.
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The motion must be made before pleading, so it falls within the answer window under Rule 12(a)(1): 21 days after service of the summons and complaint within the state, or 30 days after service outside the state. Filing the motion in lieu of an answer is the pre-answer vehicle and runs on that same period.
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If the court denies the motion or postpones it until trial, Utah Rule of Civil Procedure 12(a) sets a fresh window: the responsive pleading is due within 14 days after notice of the court's action, not the original 21-day service period. Track it from the date of the order.
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Utah's Rules of Civil Procedure do not impose a statewide meet-and-confer prerequisite for a Rule 12(b) motion to dismiss. The meet-and-confer requirement located in the rules applies to discovery motions under Rule 37, not to a dispositive motion to dismiss, so re-confirm the local rules of the filing court for any conference requirement.
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The most common ground is Rule 12(b)(6), failure to state a claim upon which relief can be granted, which tests the legal sufficiency of the complaint on its face. It is the same ground number and language used in the federal rule.
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File in the District Court for general civil actions exceeding $20,000, with the clerk named in the summons. The Justice Court handles small claims up to $20,000, where the small-claims rules govern, no written answer is required, and a Rule 12(b) motion to dismiss is not the ordinary vehicle.
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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Utah Requirements for Motion to Dismiss
A Rule 12(b) motion must be made before pleading, so it is filed within the answer window under Rule 12(a)(1): 21 days after service of the summons and complaint within the state, or 30 days after service outside the state. Filing the motion in lieu of an answer is the pre-answer vehicle and runs on that same period.
Confirm the date the summons and complaint were served on you and whether service occurred inside or outside Utah. The window runs 21 days from in-state service or 30 days from out-of-state service under Rule 12(a)(1). Miss it without filing the motion or an answer and you risk a default judgment.
Identify which of the seven enumerated Rule 12(b) grounds apply: (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, or (7) failure to join an indispensable party.
Rule 12(b)(6), failure to state a claim upon which relief can be granted, is the most common ground and tests the legal sufficiency of the complaint on its face. Utah's ground number and language track the federal Rule 12(b)(6), so federal pleading-sufficiency authority is frequently persuasive.
Under Utah Rule of Civil Procedure 7, the supporting memorandum is included within the motion itself rather than filed as a separate brief. Set out your legal authorities and argument in the memorandum section of the same document.
Rule 7 caps a Rule 12(b) motion and its supporting memorandum at 25 pages or 9,000 words. The limit excludes the caption, table of contents, table of authorities, signature block, certificate of service, certification, exhibits, and attachments. An opposing memorandum has the same 25-page or 9,000-word cap; a reply is capped at 15 pages or 5,400 words.
Under Utah Rule of Civil Procedure 7, a proposed order is not filed with a contested Rule 12(b) motion. A proposed order is required only with a stipulated motion, an ex parte motion, a motion that can be acted on without waiting for a response, a Rule 37(a) statement of discovery issues, or a request to submit for decision where no opposing memorandum was filed. Confirm the current Rule 7 subsection with your court's local rules.
File the motion with the clerk of the Utah District Court named in the summons, the court of general civil jurisdiction for claims exceeding $20,000. Serve a copy on the plaintiff or plaintiff's counsel and include a certificate of service. Small claims up to $20,000 proceed in the Justice Court under the small-claims rules, which do not require a written answer or a Rule 12(b) motion.
Frequently Asked Questions
File a written motion to dismiss under Utah Rule of Civil Procedure 12(b) before serving your answer, identifying which of the seven enumerated grounds apply. Under Rule 7 the supporting memorandum is included within the motion rather than filed as a separate brief, and the motion plus memorandum is capped at 25 pages or 9,000 words. File it with the clerk of the District Court named in the summons. The motion must be made before pleading.
A Rule 12(b) motion must be made before pleading, so it is filed within the answer window under Rule 12(a)(1): 21 days after service of the summons and complaint within the state, or 30 days after service outside the state. Filing the motion in lieu of an answer is the pre-answer vehicle and runs on that same 21-day or 30-day period.
A motion to dismiss asks the District Court to throw out the case for a defect visible on the pleadings, before any answer is filed. Under Utah R. Civ. P. 12(b) the defendant may challenge the court's authority over the subject matter or over the defendant personally, whether venue is proper, and whether process and its service were sufficient. The central merits ground is failure to state a claim on which relief can be granted, with failure to join an indispensable party also available.
The Utah Rules of Civil Procedure do not impose a statewide meet-and-confer prerequisite before filing a Rule 12(b) motion to dismiss. The meet-and-confer requirement in the rules governs discovery motions under Rule 37, not a dispositive motion to dismiss. Some courts may have local rules, so check the local rules of the court where your case is pending.
If the court denies the motion or postpones it until trial, Utah Rule of Civil Procedure 12(a) gives you 14 days after notice of the court's action to serve your responsive pleading. Because the motion was filed in place of an answer, this 14-day window, not the original 21-day service period, now controls. Track it from the date of the order and answer the complaint on the merits.
File in the Utah District Court named in the summons, the court of general civil jurisdiction for claims exceeding $20,000, with the clerk of that court. The Justice Court handles small claims up to $20,000 under the small-claims rules, where no written answer is required and the defendant appears at trial rather than filing a Rule 12(b) motion to dismiss.