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Washington Motion to Dismiss

In Washington you move to dismiss under Superior Court Civil Rule CR 12(b) before your answer is due.

Introduction

In Washington, you challenge a complaint before answering by filing a motion to dismiss under Superior Court Civil Rule CR 12(b). Washington keeps the federal terminology and structure: CR 12(b) tracks federal Rule 12(b) almost verbatim, with CR 12(b)(6), failure to state a claim upon which relief can be granted, as the merits analog to Rule 12(b)(6). CR 12(b) lists seven grounds that, at the pleader's option, may be made by motion rather than in the answer. The timing is tied to your answer window. Under CR 12(a), a defendant serves an answer within 20 days after in-state service of the summons and complaint, or within 60 days where the summons is served personally out of state or by publication, and a motion making any CR 12(b) defense must be made before pleading. Serving the motion alters that clock: if the court denies the motion or postpones it until trial on the merits, the responsive pleading is served within 10 days after notice of the court's action. The motion must be in writing, state its grounds with particularity, and set forth the relief sought under CR 7(b)(1). You file in the Superior Court of Washington. Miss the window and you risk a default and must raise these defenses in your answer instead. DocDraft drafts a Washington-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    The Washington vehicle is a motion to dismiss under Superior Court Civil Rule CR 12(b), a pre-answer motion that tracks federal Rule 12(b) almost verbatim. It is not a demurrer like California or Virginia, and not preliminary objections like Pennsylvania. CR 12(b)(6), failure to state a claim upon which relief can be granted, is the merits analog to federal Rule 12(b)(6).

  2. 2

    CR 12(b) enumerates seven grounds that may, at the pleader's option, be made by motion: (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 a party under rule 19. The numbering mirrors the federal Rule 12(b) enumeration.

  3. 3

    Timing follows the answer window under CR 12(a): 20 days after in-state service of the summons and complaint, or 60 days where the summons is served personally out of state or by publication. A motion making any CR 12(b) defense must be made before pleading if a further pleading is permitted, meaning before the answer.

  4. 4

    Serving the CR 12(b) motion alters the answer clock. Under CR 12(a), 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. So the answer time runs from 10 days after the ruling if the motion is denied.

  5. 5

    No statewide meet-and-confer step conditions a CR 12(b) motion. Neither CR 12 nor CR 7 requires a prior conference before you file. Individual county Superior Court local rules may impose motion-conference or note-for-hearing requirements, so check your filing county's local rules.

  6. 6

    The most common ground is CR 12(b)(6), failure to state a claim upon which relief can be granted, the Washington analog to federal Rule 12(b)(6). It tests whether the complaint, accepting its facts as true, states a legally cognizable claim.

  7. 7

    You file in the Superior Court of Washington, the general-jurisdiction trial court, with the clerk of the court named in the summons. Washington keeps the federal framing: the pre-answer vehicle is a motion to dismiss under CR 12(b), not a state-specific exception or objection, with CR 12(b)(6) carrying the failure-to-state-a-claim analysis.

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 WASHINGTON FOR __________ COUNTY

[PLAINTIFF NAME], Plaintiff, No. __________ v. DEFENDANT'S MOTION TO DISMISS [DEFENDANT NAME], (CR 12(b)) Defendant.

MOTION TO DISMISS UNDER CR 12(b)

Defendant respectfully moves this Court for an order dismissing the complaint pursuant to Superior Court Civil Rule CR 12(b). This motion is made before pleading, as a further pleading is permitted, and is supported by the memorandum of authorities below and all records and files in this action.

This motion is in writing, states with particularity the grounds for it, and sets forth the relief sought, as required by CR 7(b)(1).

GROUNDS FOR THE MOTION

The complaint should be dismissed on the following ground(s) under CR 12(b):

[ ] CR 12(b)(1) lack of jurisdiction over the subject matter; [ ] CR 12(b)(2) lack of jurisdiction over the person; [ ] CR 12(b)(3) improper venue; [ ] CR 12(b)(4) insufficiency of process; [ ] CR 12(b)(5) insufficiency of service of process; [ ] CR 12(b)(6) failure to state a claim upon which relief can be granted; [ ] CR 12(b)(7) failure to join a party under rule 19.

MEMORANDUM OF AUTHORITIES

[Statement of facts. Argument applying the selected CR 12(b) ground(s) to those facts. On a CR 12(b)(6) motion, the argument is that the complaint, accepting its well-pleaded facts as true, fails to state a claim upon which relief can be granted.]

[NOTE: The supporting-brief requirement, page limits, and note-for-motion-docket mechanics are set by the local rules of the Superior Court for your county (for example, King, Pierce, or Spokane County LCR 7) and vary by county. Confirm your county's local rules before filing.]

RELIEF REQUESTED

For the reasons stated, Defendant requests that the Court enter an order dismissing the complaint, together with such other relief as the Court deems just and proper.

[NOTE: Whether a proposed order must accompany the motion is set by county Superior Court local rules and individual department practice; confirm the requirement in your filing county.]

DATED this ____ day of ________, 20.

                                    ______________________________
                                    [ATTORNEY / PARTY NAME]
                                    [WSBA No., if attorney]
                                    [Address]
                                    [Telephone / Email]

DECLARATION OF SERVICE

I declare under penalty of perjury under the laws of the State of Washington that on ________, 20, I served a copy of the foregoing Motion to Dismiss on [PLAINTIFF / PLAINTIFF'S COUNSEL] at [address] by [e-service / mail / personal delivery].

                                    ______________________________
                                    [NAME]

Washington Requirements for Motion to Dismiss

Move before pleading, within the answer window

Under CR 12(b) and CR 12(a), a motion making any CR 12(b) defense must be made before pleading, in the same window as the answer: within 20 days after in-state service of the summons and complaint, or within 60 days where the summons is served personally out of state or by publication.

Use the motion to suspend the answer clock

Under CR 12(a), serving a CR 12(b) motion alters the answer periods. 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.

Select your grounds under CR 12(b)

CR 12(b) enumerates seven grounds that may, at the pleader's option, be made by motion: (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 a party under rule 19.

Use CR 12(b)(6) for failure to state a claim

CR 12(b)(6), failure to state a claim upon which relief can be granted, is the Washington analog to federal Rule 12(b)(6). It tests whether the complaint, accepting its well-pleaded facts as true, states a legally cognizable claim.

Put the motion in writing and state the grounds with particularity

Under CR 7(b)(1), an application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be in writing, shall state with particularity the grounds for it, and shall set forth the relief or order sought.

Check your county's local rules for briefing and page limits

The Superior Court Civil Rules set only the CR 7(b)(1) writing-and-particularity floor. The supporting-brief requirement, page limits, and note-for-motion-docket mechanics are county Superior Court local-rule territory (for example, King, Pierce, or Spokane County LCR 7) and vary by county; there is no statewide page limit in the CR.

Confirm whether a proposed order is required locally

Neither CR 7 nor CR 12 statewide requires a proposed order to accompany a CR 12(b) motion. Whether a proposed order must be submitted with the motion or as working papers is governed by county Superior Court local rules and individual department practice, which are not statewide.

File in Superior Court and serve the papers

File the motion in the Superior Court of Washington, the general-jurisdiction trial court, with the clerk of the court named in the summons. Each organized county has a Superior Court under RCW 2.08.010. Serve the motion on the opposing party.

Frequently Asked Questions

File a motion to dismiss under Superior Court Civil Rule CR 12(b) in the Superior Court where the action is pending, with the clerk of the court named in the summons. Under CR 7(b)(1), the motion must be in writing, state with particularity the grounds for it, and set forth the relief or order sought. Make the motion before pleading, that is, before your answer is due.

A CR 12(b) motion must be made before pleading, in the same window as the answer under CR 12(a): within 20 days after in-state service of the summons and complaint, or within 60 days where the summons is served personally out of state or by publication. Serving the motion before the answer suspends that window until the court rules.

A Washington motion to dismiss asks the Superior Court to dispose of the suit because a defect shows on the pleadings themselves. Wash. CR 12(b) groups the defenses: lack of jurisdiction over the subject matter or the person, an improper venue, and insufficiency of process or its service. The principal merits ground is failure to state a claim on which relief can be granted, with failure to join a party under Rule 19 also assertable by motion.

Washington has no statewide meet-and-confer requirement for a CR 12(b) motion. Neither CR 12 nor CR 7 conditions the motion on a prior conference. Individual county Superior Court local rules may impose motion-conference or note-for-hearing requirements, which vary by county, so check the local rules of the court where your case is filed.

A denial is not a final loss; it means you now owe an answer. Washington's CR 12(a) provides that serving the CR 12(b) motion alters the answer deadline, so a denial, or an order deferring the motion to trial, triggers a fresh 10-day period running from notice of the court's action, unless the judge sets a different time. Your case proceeds and you litigate the merits in that answer.

You file in the Superior Court of Washington, the general-jurisdiction trial court, in the case where the action is pending, with the clerk of the court named in the summons. The Superior Court Civil Rules govern the motion. Each organized county has a Superior Court with at least one judge under RCW 2.08.010.