Training Guide

Motions to Dismiss: Strategies for 12(b)(6) Briefing


Training Guide

Motions to Dismiss: Strategies for 12(b)(6) Briefing

Motion Practice
Remote or in person

What’s Covered

  • Potential risks and benefits of making a 12(b)(6) motion
  • The legal standard
  • Procedural considerations for both sides
  • Developing arguments for the motion or the opposition

Before the Session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

During the Session

Part 1: Knowledge Check
Ask attendees these questions to ensure they understand the topic:
  • What are the different legal standards courts apply to motions to dismiss? How do they differ?
  • What are the risks of moving to dismiss? What are some of the potential upsides? 
  • What’s “the four corners” rule”? 
  • When moving to dismiss, what kinds of weaknesses or flaws should you look for in the pleading? 
  • What’s your best argument when opposing a motion to dismiss? 
Part 2: Group Exercise
Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.
Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.
Part 3: War Stories and Firm Specifics
Share your own experiences and guidance, including:
  • Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
  • General practice tips (dos and don’ts)
  • Firm-specific guidance and practices

After the Session

To continue their learning, attendees can check out related courses in Hotshot’s Motion Practice topic.

About Hotshot

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