Facilitator Guide

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

Facilitator Guide

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

Topic: Motion Practice
Duration: 1 hr
Format: 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.

https://www.hotshotlegal.com/trainings/motions-to-dismiss-strategies-for-12-b-6-briefing/attendee

Prepare Yourself

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

Course

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

An advanced discussion of motions to dismiss for failure to state a claim (in state or federal court), including planning your motion, developing your arguments, and procedural tips—whether you're the moving or opposing party.
Exercise
PDF

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

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.