Motion for Judgment on the Pleadings

When the motion for judgment on the pleadings is used

Timing: after the pleadings are closed — but early enough not to delay trial. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• If matters outside the pleadings are presented and not excluded, the motion must be treated as one for summary judgment under Rule 56 (Rule 12(d)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 12(c) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for judgment on the pleadings in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion for judgment on the pleadings procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Dismiss for Failure to State a Claim: a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.
• Motion for Summary Judgment: a motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.