Also known as: motions for judgment on the pleadings · judgment on the pleadings · Rule 12(c) motion
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a party requests that the court enter judgment based solely on the pleadings on file. The motion becomes available once the pleadings are closed but must be brought early enough not to delay trial.
Riverfront Outfitters LLC sued Harbor Shield Insurance Corp. in federal court after the insurer refused to defend a third-party suit. Harbor Shield answered the complaint and then moved for judgment on the pleadings, pointing to an exclusion in the policy attached to the complaint. The court can decide the motion because the pleadings are closed and trial remains months away.
Former railroad employees sued their union for failing to represent them fairly in grievance proceedings. The union answered and immediately moved for judgment on the pleadings, arguing the complaint failed to state a claim under federal labor law. The court can resolve the motion on the face of the pleadings alone.
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A rape victim's family sued a television station for broadcasting her name and address. The station answered and moved for judgment on the pleadings, asserting First Amendment protection. The court can decide the constitutional defense without further factual development.
An at-will employee sued his former employer for wrongful discharge after reporting suspected criminal activity. The employer answered and moved for judgment on the pleadings, arguing California law provided no cause of action. The court can test the legal sufficiency of the claim on the pleadings.
A patent owner sued a competitor for infringement. The competitor answered and moved for judgment on the pleadings, claiming the patent was invalid under prior art. The court can decide the validity question without taking evidence beyond the pleadings.
A state resident sued to enjoin enforcement of a state alien registration statute. The state answered and moved for judgment on the pleadings, arguing federal law did not preempt the statute. The court can resolve the preemption issue on the pleadings.
The motion may be filed only after the pleadings are closed, which at minimum requires that an answer has been served. It must also be brought early enough not to delay trial. A pre-answer motion is therefore premature.
Supporting sources
A motion for judgment on the pleadings cannot be made until after the answer is filed, whereas a motion to dismiss may be filed before any responsive pleading. Both test legal sufficiency, but the later timing of the Rule 12(c) motion allows the court to consider the answer as well as the complaint.
Supporting sources
The court must either exclude the extraneous material or convert the motion to one for summary judgment under Rule 56 and give all parties a reasonable opportunity to present additional evidence.
Supporting sources
No. The statute expressly excludes motions for judgment on the pleadings from the pretrial matters a magistrate judge may hear and determine without de novo review by a district judge.
Supporting sources
…g. , Rule 12 (e) (motion for a more definite statement) ; Rule 12 (f) (motion to strike portions of the pleading); Rule 12 (e) (motion for judgment on the pleadings); Rule 16 (pre-trial procedure and formulation of issues); Rules 26-37 (depositions and discovery); Rule 56 (motion for summary judgment); Rule 15 (right to amend).