TBD | Walkthrough: Response to a Motion to Dismiss (Rule 12(b)(6) Fed. R. Civ. P.)
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How-To: Drafting/Filing Your Response to a Rule 12(b)(6) Motion to Dismiss


Background: You are litigating your case in Federal Court
Problem: The defendant moved to dismiss under Rule 12(b)(6) Fed. R. Civ. P.
Solution: You write & submit a response in opposition to the defendant's motion

I. Legal Citations

Rule 8(a) Fed. R. Civ. P. | General Rules of Pleading
(a) CLAIM FOR RELIEF. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief.
Rule 10(b) Fed. R. Civ. P. | Form of Pleadings
(b) PARAGRAPHS; SEPARATE STATEMENTS. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence — and each defense other than a denial — must be stated in a separate count or defense. Rule 12(b)(6) Fed. R. Civ. P. | Defenses and Objections: When and How Presented...
(b) HOW TO PRESENT DEFENSES. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(6) failure to state a claim upon which relief can be granted;
...
(d) RESULT OF PRESENTING MATTERS OUTSIDE THE PLEADINGS. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.
Rule 56 Fed. R. Civ. P. | Summary Judgment
(a) MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

II. Samples

# PDF Comments
1TBD case. USFLMD. Pro Se Filing. 2021. §1981 Case (+ §760 FS). 12(b)(6).
2✓ Motion Denied! USNYWD. 2007. Pro Se Filing. Detailed Complaint. Compared complaint size.
3X Motion Granted. USNYWD. 2007. Pro Se Filing. Handwritten. 12(b)(6).
4✓ Motion Denied! USNYWD. 2007. Attorney Filing. 12(b)(6) (+12(b)(5)).
5✓ Motion Denied! USNYWD. 2007. Attorney Filing. 12(b)(6).
6X Motion Granted. USNYWD. 2007. Attorney Filing. 12(b)(6). Very Long. Relators.
7± Partially Denied. USNYWD. 2007. Attorney Filing. 12(b)(6). Employment Discrimination.
8- Undecided Motion. USNYWD. 2007. Pro Se Filing. 12(b)(6). §1983. Religious Discrimination.
9± Partially Denied. USNYWD. 2007. Attorney Filing. 12(b)(6). §1983. Wrongful Conviction.
10± Partially Denied. USNYWD. 2007. Pro Se Filing. 12(b)(6). §1983.

III. Templates

# Word Comments
1Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

V. Additional Notes

VII. Conclusion

With the use of the template (as well as the samples above), you can more easily draft your Response in Opposition to Defendant's Motion to Dismiss (Federal, under Rule 12(b)(6) Fed. R. Civ. P.).

Congratulations! You're now booked up on how to respond to a 12(b)(6) motion to dismiss.

Please get the justice you deserve.

Sincerely,



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