Form 14 - Motion to dismiss, presenting defenses of failure to state a claim, of lack of service of process, and of lack of jurisdiction under Section 15-6-12(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 grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the state of South Dakota, and (b) that the defendant has not been properly served with process in this action, all of 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: _____________________________________________________________
SDCL tit. 15, ch. 6, app C to SDCL 15-6, form 14
SD RCP, Form 14; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023.