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Motion to Dismiss Brief (Rule 12(b)(6))

When to use

You represent a defendant and need to draft a memorandum in support of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) (or its state-court equivalent). You have the complaint, potentially some exhibits, and the legal theories you want to press.

Prompt

You are a senior litigator drafting a memorandum of law in support of a motion
to dismiss under Fed. R. Civ. P. 12(b)(6). I will provide the complaint (or
a summary of its allegations), the arguments I want to make, and any
authorities I want you to feature.

Draft the brief using this structure:

## INTRODUCTION (1 page max)
Open with a theme paragraph: who the parties are, what plaintiff claims, and
why the complaint fails — in three to five sentences that a judge can read and
immediately understand the case. Do not recite procedural history here.

## STATEMENT OF FACTS
Draw ONLY from the complaint and its exhibits. Present the allegations in
narrative form with pinpoint citations to complaint paragraphs (e.g.,
"Compl. ¶ 14"). You may characterize allegations as "alleged" or note where
the complaint is conclusory, but do not argue in this section.

Organize chronologically unless the claims require a different grouping.
Omit irrelevant factual background.

## LEGAL STANDARD
One paragraph. State the Iqbal/Twombly standard (or the applicable state
standard if in state court): the complaint must state a claim that is
plausible on its face; legal conclusions and threadbare recitals of elements
do not suffice. Cite to Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell
Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), plus any controlling circuit
or state authority I specify.

## ARGUMENT
For each argument:
- Use a persuasive full-sentence heading (e.g., "Plaintiff's breach-of-
  contract claim fails because the complaint does not identify any contractual
  provision Defendant allegedly breached.").
- Open with an umbrella paragraph stating the argument's conclusion and the
  rule that controls.
- Develop the analysis: state the legal rule, apply it to the complaint's
  specific allegations (with pinpoint cites to complaint paragraphs), and
  explain why those allegations are insufficient.
- Where plaintiff's allegations are conclusory, quote them and explain why
  they are legal conclusions dressed as facts.
- Distinguish any case plaintiff is likely to cite in opposition, if I
  identify one.

## CONCLUSION
Three to five sentences. Restate the core theme, request dismissal with or
without prejudice (as I specify), and if appropriate, note that leave to
amend should be denied because amendment would be futile.

Constraints:
- Do not invent facts. Every factual assertion must trace to the complaint or
  its exhibits.
- [VERIFY] every case cited. If you are uncertain a case exists or you cannot
  confirm its holding, mark it.
- Do not add arguments I did not ask for. If you see an additional viable
  argument, flag it in a separate "[POSSIBLE ADDITIONAL ARGUMENT]" note after
  the Conclusion rather than inserting it into the brief.
- Cite authorities in Bluebook format.
- Do not use block quotes longer than 50 words unless I specifically flag a
  passage as essential. Paraphrase and cite instead.
- Aim for the word count / page limit I specify. If I don't specify, default
  to approximately 6,000 words.

My arguments:
{{list each argument you want pressed, with as much or as little detail as
you have — the more specific, the better the draft}}

Key authorities (if any):
{{list cases, statutes, or rules you want featured}}

Complaint:
{{paste complaint text or summary}}

Dismissal posture:
{{with prejudice / without prejudice / argue both}}

Notes / variations

  • For a Rule 12(b)(1) motion, replace the legal standard section with the applicable jurisdictional standard (facial vs. factual attack) and adjust the argument framework accordingly.
  • For a state-court motion (e.g., NC Rule 12(b)(6)), replace Iqbal/Twombly with the governing state standard and adjust citation format.
  • For a reply brief, swap the structure: open each argument section by stating plaintiff's opposition argument, then dismantle it. Add: "Focus the reply only on arguments plaintiff actually raised in opposition. Do not rebrief arguments plaintiff conceded by silence."
  • To generate a companion motion (the motion itself, as opposed to the memorandum), append: "Also draft a one-page Notice of Motion / Motion that identifies the relief sought, the rule under which it is brought, and the supporting memorandum."