Form of Motion to Dismiss, Presenting Defense of Failure to State a Claim

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6. Form of Motion to Dismiss, Presenting Defense of Failure to State a Claim

IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) MOTION TO DISMISS 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. (Additional defenses under subsection (b) of Code Section 9-11-12.) __________________________________ 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 this court at ________, on the ________ day of ______, ______, at ____: _ _.M. or as soon thereafter as counsel can be heard. __________________________________ Attorney for defendant __________________________________ Address

(Ga. L. 1966, p. 609, § 121; Ga. L. 1980, p. 649, § 14; Ga. L. 1999, p. 81, § 9.)

RESEARCH REFERENCES

19B Am. Jur. Pleading and Practice Forms, Pleading, § 311.

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