On a Rule12(b)(1) motion to dismiss for lack of subject matter jurisdiction, what is the burden of proof?

MultiRegion, United States of America

The following excerpt is from Grenier v. Spencer, NO. 2:12-cv-0258 KJM GGH PS (E.D. Cal. 2013):

On a Rule12(b)(1) motion to dismiss for lack of subject matter jurisdiction, plaintiff bears the burden of proof that jurisdiction exists. See, e.g., Sopcak v. Northern

Page 3

Other Questions


Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
When will a motion to dismiss for lack of subject matter jurisdiction be dismissed? (MultiRegion, United States of America)
Can a motion to dismiss a case that lacks Article III standing be dismissed for a lack of subject matter jurisdiction? (MultiRegion, United States of America)
How does a motion to dismiss a motion for lack of subject matter jurisdiction apply? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
What is the test for a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
Does the federal district court have jurisdiction to dismiss the complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the test for dismissing a motion for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for dismissing a motion by the federal district court for lack of subject matter jurisdiction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.