Motion – To Dismiss for Failure to Secure Timely Service

[Firm Name]

[Firm Address]

[Firm Phone Number]

[Firm Fax]

[Firm Email]

[Attorney Name and Bar Number]

Attorney for Defendant(s)

 

[Trial Court System], [County]

 

[Plaintiff Name(s)],

 

Plaintiff(s),

 

v.

 

[Defendant(s)],

 

Defendant(s).

 Case No.

 

MOTION TO DISMISS FOR FAILURE TO SECURE TIMELY SERVICE

 

Assigned to the Hon. [Judge]

 

 

 
  1. Pursuant to [local civil rule], defendant [Defendant], by and through undersigned counsel, respectfully requests the Court enter an Order dismissing this action without prejudice for the reason that service of process has not been accomplished within [#] days after the filing of the Complaint, as required by [local civil rule].
  2. By making this Motion, defendant [Defendant] does not waive, and expressly preserves, any objections to the jurisdiction of this court, and to venue in this County.
  3. This Motion is supported by the accompanying Memorandum of Points and Authorities, and the [exhibits and affidavit with corresponding exhibit numbers], which are attached hereto and incorporated herein by this reference.

Dated this [Day] of [Month], [Year].

 

By                                                                    

[Defendant’s Attorney]

[Firm Name]

[Firm Address]

Attorney for Defendant(s)

 

 

 

 

On [Date], undersigned:

 

[Filed/E-filed] the original;

 

[Mailed/Emailed/Hand Delivered] a copy to:

·      [Plaintiff’s Counsel]
[Address]

 

 

/s/[Attorney]

 

/by