Thus, Rule 12(c) motions can help dispose of baseless claims or defenses when the formal pleadings reveal their lack of merit. Rule 12(c) was designed to prevent the piecemeal process of judicial determination that prevailed under the old common law practice.2 It allows for a decision on the merits of the claims based upon the pleadings in special circumstances, such as when the parties do not dispute the facts in the pleadings. Motions for judgment on the pleadings are essentially trials on the pleadings. Practitioners, however, should consider and incorporate Rule 12(c) motions into their litigation strategies. Rule 12(c) motions-allowing a party to move, after the pleadings are closed, for judgment on the pleadings-are often overlooked.
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If asking attorneys what type of pretrial challenges they consider to be part of their arsenal of motions challenging the adequacy of the pleadings, their response likely would be limited to motions to dismiss for failure to state a claim, motions to strike, or motions for summary judgment.
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The figure of speech is contradictory, but the idea makes perfectly good sense.”1Įxperienced practitioners are familiar with Federal Rule of Civil Procedure 12, which provides for various pretrial motions to challenge the opposing party’s pleadings and to assert other defenses and objections.