# Motion to dismiss drafter
> Source: https://legalcode.md/skills/legalcode-motion-to-dismiss-drafter | [HTML version](https://legalcode.md/skills/legalcode-motion-to-dismiss-drafter)

Drafts and analyzes motions to dismiss under FRCP Rule 12(b)(1)–12(b)(7) for US federal court proceedings.

Drafts and analyzes motions to dismiss under FRCP Rule 12(b)(1)–12(b)(7) for US federal court proceedings. Use when filing or opposing a motion to dismiss, evaluating grounds for dismissal before filing an answer, preparing argument outlines with supporting authority, anticipating opposition arguments, or developing reply brief strategy. Covers subject matter jurisdiction (12(b)(1) facial vs. factual attacks), personal jurisdiction (12(b)(2) minimum contacts, specific vs. general jurisdiction, stream of commerce), improper venue (12(b)(3)), insufficient process (12(b)(4)), insufficient service (12(b)(5)), failure to state a claim (12(b)(6) Twombly/Iqbal plausibility, Rule 9(b) fraud, PSLRA), and failure to join a required party (12(b)(7) Rule 19 analysis). Addresses conversion to summary judgment under Rule 12(d), incorporation of extrinsic documents, waiver under Rule 12(h), local rule compliance, and leave-to-amend analysis. Generates argument outlines, anticipated opposition arguments, and reply brief strategy with confidence-scored authority marshaling and Glass Box audit trail.

This skill drafts and analyzes motions to dismiss in US federal courts under Federal Rules of Civil Procedure Rule 12(b)(1) through 12(b)(7). It operates in two primary modes: 1. **Drafting Mode**: Generates argument blocks, outlines, and supporting authority for a 12(b) motion based on the facts of the case and grounds selected. Produces a structured argument framework suitable for attorney review and refinement into a final brief. 2. **Analysis Mode**: Evaluates an existing complaint or motion to dismiss — either one the user is filing or one they have received — to identify viable grounds, assess argument strength, anticipate opposition responses, and develop reply brief strategy. The skill covers all seven Rule 12(b) grounds individually and in combination, applying the governing legal standard for each ground, marshaling relevant authority, and flagging procedural pitfalls including waiver under Rule 12(h) and conversion under Rule 12(d). **Covers:** - **12(b)(1)**: Subject matter jurisdiction — facial and factual attacks, Article III standing, mootness, ripeness, Rooker-Feldman, Eleventh Amendment sovereign immunity, administrative exhaustion - **12(b)(2)**: Personal jurisdiction — minimum contacts, specific vs. general jurisdiction, stream of commerce doctrine (including circuit splits), purposeful availment, consent by registration, jurisdictional discovery - **12(b)(3)**: Improper venue — 28 U.S.C. § 1391 ...

## Jurisdictions

Global



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