RULE 16

Motion to Dismiss
Section 1. Grounds. Within the time for but before filing the answer to the complaint or pleading
asserting a claim, a motion to dismiss may be made on any of the following grounds:
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under the provisions of the
statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied with. (1a)
Section 2. Hearing of motion. At the hearing of the motion, the parties shall submit their
arguments on the questions of law and their evidence on the questions of fact involved except those
not available at that time. Should the case go to trial, the evidence presented during the hearing shall
automatically be part of the evidence of the party presenting the same.
Section 3. Resolution of Motion. After the hearing, the court may dismiss the action or claim, deny
the motion, or order the amendment of the pleading.
The court shall not defer the resolution of the motion for the reason that the ground relied upon is not
indubitable.
In every case, the resolution shall state clearly and distinctly the reasons therefor.
Section 4. Time to plead. If the motion is denied, the movant shall file his answer within the
balance of the period prescribed by Rule 11 to which he was entitled at the time of serving his motion,
but not less than five (5) days in any event, computed from his receipt of the notice of the denial. If
the pleading is ordered to be amended, he shall file his answer within the period prescribed by Rule 11
counted from service of the amended pleading, unless the court provides a longer period. (4a)
Section 5. Effect of dismissal. Subject to the right of appeal, an order granting a motion to dismiss
based on paragraphs (f), (h) and (i) of section 1 hereof shall bar the refiling of the same action or
claim. (n)

Section 6. Pleading grounds as affirmative defenses. If no motion to dismiss has been filed, any of
the grounds for dismissal provided for in this Rule may be pleaded as an affirmative defense in the
answer and, in the discretion of the court, a preliminary hearing may be had thereon as if a motion to
dismiss had been filed. (5a)
The dismissal of the complaint under this section shall be without prejudice to the prosecution in the
same or separate action of a counterclaim pleaded in the answer.