§ FORM 14MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS,AND OF LACK OF JURISDICTION UNDER RULE 12.02
FORM 14.MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS,AND OF LACK OF JURISDICTION UNDER RULE 12.02
The defendant moves the court as follows:
1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds: [Here state reasons, such as, (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Minnesota; (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B respectively].
3. To dismiss the action on the ground that the court lacks jurisdiction because [no justiciable controversy is presented, or as the case may be].
Signed: ______________________________,
Attorney for Defendant.
Address: _______________________________________.
Notice of Motion
To: _________________________________
Attorney for Plaintiff.
* * * * * * * * * *
Please take notice, that the undersigned will bring the above motion on for hearing before the court at a special term thereof, to be held at the court house in the City of ______ on the ______ day of ______, 19__, at ______ o'clock in the [forenoon] [afternoon] or as soon thereafter as counsel can be heard.
Signed: ______________________________,
Attorney for Defendant.
Address: _______________________________________.