DocDraft Logo

Vermont Motion to Dismiss

In Vermont you move to dismiss under V.R.C.P. 12(b) before the answer, within the 21-day window.

Introduction

In Vermont the pre-answer challenge to a complaint is a plain motion to dismiss under Vermont Rule of Civil Procedure 12(b), filed in the Civil Division of the Superior Court of the county named in your summons. It is not a demurrer or preliminary objection; Vermont's Rule 12 tracks the federal rule closely, and the headline ground is failure to state a claim upon which relief can be granted under V.R.C.P. 12(b)(6). The grounds Vermont's Rule 12(b) provides follow the federal Rule 12 structure: 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. Confirm the exact subsections against the current V.R.C.P. 12(b). The motion is filed in lieu of an answer within the same 21 calendar days from service that the answer is due under V.R.C.P. 12(a)(1). Its form is governed by V.R.C.P. 7(b): in writing, stating the grounds with particularity and the facts and law relied on. Because a motion to dismiss is a dispositive motion, the opposing party has 30 days to oppose and the movant 14 days to reply under V.R.C.P. 7(b). Miss the window without filing the motion or an answer and you risk a default judgment. DocDraft drafts a Vermont-formatted motion from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    Vermont's pre-answer vehicle is a motion to dismiss under V.R.C.P. 12(b), not a demurrer or preliminary objection. Its form is set by V.R.C.P. 7(b): the motion must be in writing, state the grounds with particularity, include a concise statement of the facts and law relied on, and set forth the relief sought.

  2. 2

    The grounds Vermont's Rule 12(b) provides track the federal Rule 12 list: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, and failure to join a party under Rule 19. Confirm the exact subsection numbers against the current V.R.C.P. 12(b) before relying on them.

  3. 3

    The motion to dismiss is filed before the responsive pleading and shares the answer window: 21 calendar days from service of the summons and complaint under V.R.C.P. 12(a)(1). Filing the Rule 12 motion in lieu of an answer is the pre-answer dismissal step the answer obligation gives way to for that period.

  4. 4

    A motion to dismiss is treated as a dispositive motion in Vermont, so the briefing track is set by V.R.C.P. 7(b): the opposing party files a memorandum in opposition within 30 days of service of the motion, and the movant may reply within 14 days of service of the opposition.

  5. 5

    No statewide meet-and-confer requirement was found as a precondition to filing a V.R.C.P. 12(b) motion to dismiss in the grounded rules. V.R.C.P. 7(b) requires only a written motion stating its grounds with particularity. Confirm there is no conferral duty in your situation, and check your court's local rules before filing.

  6. 6

    The most common ground, failure to state a claim upon which relief can be granted, is the V.R.C.P. 12(b)(6) analog to the federal motion. Vermont follows the federal Rule 12 structure here, so plead the specific deficiency in the complaint with the supporting law as V.R.C.P. 7(b) requires.

  7. 7

    The motion is filed in the Civil Division of the Superior Court of the county Superior Court unit named in the summons; each of Vermont's 14 counties has a Superior Court Civil Division that hears general civil matters. V.R.C.P. 7(b) requires the motion to set forth the relief or order sought, but no separate proposed-order requirement was confirmed in the grounded rules; check your court's local rules.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

SUPERIOR COURT OF VERMONT CIVIL DIVISION ______________________ UNIT (COUNTY)

[PLAINTIFF NAME], Plaintiff,

v. Docket No. ______________________

[DEFENDANT NAME], Defendant.

DEFENDANT'S MOTION TO DISMISS (V.R.C.P. 12(b))

Pursuant to Vermont Rule of Civil Procedure 12(b), and in the form required by V.R.C.P. 7(b), the Defendant, [DEFENDANT NAME], appearing [self-represented / by counsel], respectfully moves this Court to dismiss the above-captioned action. This motion is filed before the responsive pleading, within the 21-day response window set by V.R.C.P. 12(a)(1).

GROUNDS

The grounds Vermont's Rule 12(b) provides track the federal Rule 12 structure. The Defendant moves to dismiss on the following ground or grounds [select and state only those that apply; confirm the exact subsection against the current V.R.C.P. 12(b)]:

  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 (V.R.C.P. 12(b)(6)); and/or
  7. Failure to join a party under Rule 19.

[State with particularity, as V.R.C.P. 7(b) requires, the specific facts and law supporting each ground asserted.]

MEMORANDUM OF LAW IN SUPPORT

I. INTRODUCTION [State the procedural posture and the specific defect in the complaint.]

II. STANDARD A motion to dismiss under V.R.C.P. 12(b) is the pre-answer vehicle to raise the defenses Vermont's Rule 12(b) provides, including failure to state a claim upon which relief can be granted under V.R.C.P. 12(b)(6). The motion must state its grounds with particularity and include a concise statement of the facts and law relied on (V.R.C.P. 7(b)).

III. ARGUMENT [Apply the controlling authority to the facts and identify the precise deficiency.]

IV. CONCLUSION For the foregoing reasons, the Defendant respectfully requests that the Court grant this Motion to Dismiss.

WHEREFORE, the Defendant respectfully requests that this Court dismiss the Plaintiff's complaint and grant such other relief as the Court deems just and proper.

[DEFENDANT NAME], Defendant [Self-represented / Attorney name and ERN] [Address] [Telephone] [Email] Dated: ______________________

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion to Dismiss and supporting Memorandum of Law was [delivered / mailed / electronically served] on [DATE] to all parties of record:

[Name and address of Plaintiff or Plaintiff's counsel]

[DEFENDANT NAME]

Vermont Requirements for Motion to Dismiss

File the motion to dismiss within 21 days of service, before your answer

Under V.R.C.P. 12(a)(1), the response is due within 21 calendar days from service of the summons and complaint. A V.R.C.P. 12(b) motion to dismiss is filed before the responsive pleading, in lieu of an answer, within that same 21-day window. Failing to file the motion or an answer in time can expose you to a default judgment.

Account for the dispositive-motion briefing track

A motion to dismiss is a dispositive motion in Vermont. Under V.R.C.P. 7(b), the opposing party files a memorandum in opposition within 30 days of service of the motion, and the movant may reply within 14 days of service of the opposition.

Raise the grounds Vermont's Rule 12(b) provides, confirming the subsections

The grounds Vermont's Rule 12(b) provides track the federal Rule 12 structure: 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. Confirm the exact subsection numbers against the current V.R.C.P. 12(b).

Use V.R.C.P. 12(b)(6) for failure to state a claim

The most common ground, failure to state a claim upon which relief can be granted, is V.R.C.P. 12(b)(6), the analog to the federal motion. Vermont follows the federal Rule 12 structure here. Plead the specific deficiency in the complaint and the law supporting dismissal.

Put the motion in the form V.R.C.P. 7(b) requires

Under V.R.C.P. 7(b), the motion must be in writing, state the grounds with particularity, include a concise statement of the facts and law relied on, set forth the relief or order sought, and be signed per V.R.C.P. 11. The pleading caption rules apply to motions.

Check local rules on a proposed order and any conferral duty

V.R.C.P. 7(b) requires the motion itself to set forth the relief or order sought, but no separate proposed-order requirement was confirmed in the grounded rules. Likewise, no statewide meet-and-confer precondition for a 12(b) motion was found. Check your court's local rules and standing orders before filing.

Confirm there is no meet-and-confer precondition for your motion

No statewide meet-and-confer requirement was found as a precondition to filing a V.R.C.P. 12(b) motion to dismiss in the grounded rules; V.R.C.P. 7(b) requires only a written motion stating its grounds with particularity. Confirm no conferral duty applies in your case and check local practice.

File in the Civil Division of the Superior Court and serve all parties

File the motion in the Civil Division of the Superior Court of the county Superior Court unit named in your summons; each of Vermont's 14 counties has a Superior Court Civil Division for general civil matters. Serve a copy on all parties of record and include a certificate of service.

Frequently Asked Questions

You file a written motion to dismiss under V.R.C.P. 12(b) in the Civil Division of the Superior Court of the county named in your summons, before filing an answer. Under V.R.C.P. 7(b) the motion must state the grounds with particularity, include a concise statement of the facts and law relied on, set forth the relief sought, and be signed. Serve a copy on the other parties.

The motion to dismiss is filed before the responsive pleading, within the same 21 calendar days from service of the summons and complaint that an answer is due under V.R.C.P. 12(a)(1). Filing the Rule 12 motion in lieu of an answer is the pre-answer dismissal step. Failing to file the motion or an answer within the 21-day window can expose you to a default judgment.

Filed before the answer, a motion to dismiss asks the Superior Court to end the case over a flaw apparent on the pleadings. Vt. R. Civ. P. 12(b) lets the defendant question the court's subject-matter authority and personal jurisdiction over the defendant, whether the plaintiff sued in the wrong venue, and whether process and service of process were adequate. The core merits objection is failure to state a claim on which relief can be granted, alongside failure to join a required party.

No statewide meet-and-confer requirement was found as a precondition to filing a V.R.C.P. 12(b) motion to dismiss in the grounded rules. V.R.C.P. 7(b) requires only that the motion be in writing and state its grounds with particularity, with a concise statement of the facts and law. Confirm there is no conferral duty in your case and check your court's local rules before filing.

A motion to dismiss is a dispositive motion in Vermont, so under V.R.C.P. 7(b) the opposing party has 30 days from service of the motion to file a memorandum in opposition and the movant 14 days from service of the opposition to reply. After the court rules, the case proceeds; the motion stood in place of the answer for the 21-day response period under V.R.C.P. 12(a)(1).

You file the motion to dismiss in the Civil Division of the Superior Court, in the county Superior Court unit named in your summons. Each of Vermont's 14 counties has a Superior Court with a Civil Division that hears general civil matters. The motion form follows V.R.C.P. 7(b), and the motion shares the 21-day post-service answer window under V.R.C.P. 12(a)(1).