Attorney Names
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Court name
JURISDICTION
|
Plaintiff, vs. Defendant’s Name, Defendant |
Case No.: Number DEFENDANT’S MOTION TO DISMISS |
NOTICE OF DEFENDANT’S MOTION TO DISMISS
You are notified that on the ____ day of March, 2022, at __________ (am/pm), or soon thereafter as Defendant can be heard, she will bring on for hearing her Motion to Dismiss for the reasons stated in the attached Motion.
Dated this _____ day of March, 2022.
Respectfully Submitted,
___________________________________
[NAME OF DEFENDANT]
Defendant in pro per
Attorney Names
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Court name
JURISDICTION
|
Plaintiff’s name, Plaintiff, vs. Defendant’s Name, Defendant |
Case No.: Number DEFENDANT’S MOTION TO DISMISS |
NOW COMES [DEFENDANT’S NAME], Defendant, and files this Motion to Dismiss Complaint for lack of subject matter jurisdiction, and for cause would show this Honorable Court as follows:
- Plaintiff filed a Complaint to collected alleged unpaid bills in the sum of $8,000.00. The amount in controversy is within the jurisdiction of special civil court. Rule 6:1-1(c) states as follows: “The fees charged for actions in the Special Civil Part shall be in accordance with N.J.S.A. 22A:2-37.1, provided that the face of the pleading and summons alleges the amount in controversy does not exceed $15,000, and the fees for actions which are not filed in the Special Civil Part shall be in accordance with N.J.S.A. 22A:2-6 et seq. Checks for fees and all other deposits shall be made payable to the Treasurer, State of New Jersey.”
- Defendant wishes to file a counterclaim to Plaintiff’s claims in the Complaint. She wishes to recover $50,000.00 for Plaintiff’s negligence. Defendant avers that this Honorable Court does not have jurisdiction to hear her counterclaim of professional negligence.
- “A court’s jurisdiction is “a mixed question of law and fact” that must be resolved at the outset, “before the matter may proceed….” Citibank, N.A. v. Estate of Simpson, 290 N.J.Super. 519, 532, 676 A.2d 172 (App. Div. 1996). Presented with a motion to dismiss on the basis of lack of jurisdiction, a trial court must make findings of the “jurisdictional facts,” because disputed “jurisdictional allegations cannot be accepted on their face….” Id. at 531-32, 676 A.2d 172.” Rippon v. Smigel, 158 A.3d 23 (2017). It is crucial for this Court to determine the issue of jurisdiction before this case proceeds any further.
- “When a motion to dismiss for lack of jurisdiction is made, it is only the jurisdictional allegations that are relevant, not the sufficiency of the allegations respecting the cause of action. We attempted to make this clear in Washington v. Magazzu, 216 N.J. Super. 23, 26, 522 A.2d 1013 (App.Div. 1987), in which we decided only the jurisdictional issue despite defendant’s having attempted to intertwine that challenge with a challenge to the sufficiency of the cause of action.” Citibank v. Estate of Simpson, 676 A.2d 172 (1996).
- This Motion to Dismiss for lack of jurisdiction is proper because it does not contain any allegations against any party. It only contains facts and conclusions of law in regard to subject matter jurisdiction of this Court. The Motion has been filed in a timely manner and is not meant to harass Plaintiff in any way.
REASONS WHEREFORE, Defendant respectfully requests this Honorable Court to DISMISS and STRIKE Plaintiff’s Complaint for lack of subject matter jurisdiction.
Dated this _____ day of March, 2022.
Respectfully Submitted,
___________________________________
[NAME OF DEFENDANT]
Defendant in pro per
VERIFICATION
I, [DEFENDANT’S NAME], being duly sworn depose and say that I have read the foregoing Motion to Dismiss and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of March, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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