Motion for a More Definite Statement

When the motion for a more definite statement is used

Timing: before filing a responsive pleading. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired (Rule 12(e)).

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(e) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for a more definite statement 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 a more definite statement 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 Strike: a motion asking the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
• 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.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.