What are the grounds for a motion to dismiss?
The following are grounds for a motion to dismiss:
[1] That the court has no jurisdiction over the person of the defending party;
[2] That the court has no jurisdiction over the subject matter of the claim;
[3] That venue is improperly laid;
[4] That the plaintiff has no legal capacity to sue;
[5] That there is another action pending between the same parties for the same cause;
[6] That the cause of action is barred by a prior judgment or by the statute of limitations;
[7] That the pleading asserting the claim states no cause of action;
[8] That the claim or demand set forth in plaintiff’s pleading has been paid, waived, abandoned, or otherwise extinguished;
[9] That the claim on which the action is founded is unenforceable under the provisions of the Statute of Frauds; and
[10] That a condition precedent for filing the claim has not been complied with. (Rule 16, Section 1)
[1] That the court has no jurisdiction over the person of the defending party;
[2] That the court has no jurisdiction over the subject matter of the claim;
[3] That venue is improperly laid;
[4] That the plaintiff has no legal capacity to sue;
[5] That there is another action pending between the same parties for the same cause;
[6] That the cause of action is barred by a prior judgment or by the statute of limitations;
[7] That the pleading asserting the claim states no cause of action;
[8] That the claim or demand set forth in plaintiff’s pleading has been paid, waived, abandoned, or otherwise extinguished;
[9] That the claim on which the action is founded is unenforceable under the provisions of the Statute of Frauds; and
[10] That a condition precedent for filing the claim has not been complied with. (Rule 16, Section 1)
