Del. R. Civ. P. Super. Ct. Form 19

As amended through September 30, 2024
Form 19 - Motion to Dismiss, Presenting Defenses of Failure to State a Claim under Rule 12(b)

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. To dismiss the action or in lieu thereof to quash the return of service of summons on the ground that the defendant has not been properly served with process in this action, which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively.

Signed:___________
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 the County Court House, __________________ County, on the __________ day of ______________, 19____, at ______________ in the __________ noon of that day or as soon thereafter as counsel can be heard.
Signed:___________
Attorney for Defendant
Address: __________

Del. R. Civ. P. Super. Ct. Form 19