Also known as: motions to dismiss on the pleadings · judgment on the pleadings · motion for 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 seeks judgment on the merits after the pleadings have closed but early enough not to delay trial. The motion tests whether the pleadings themselves establish that one party is entitled to judgment as a matter of law.
Miles Montgomery sued Maxwell Manufacturing in federal court alleging breach of a supply contract. Maxwell answered and denied all material allegations while asserting that the contract terms precluded liability. After the pleadings closed Maxwell moved for judgment on the pleadings. The court granted the motion because the complaint and answer together showed that Maxwell owed no duty under the contract language.
A preferred shareholder sued a Delaware corporation seeking a declaration that it was entitled to a separate class vote on a proposed merger. The corporation answered and attached the certificate of designations. After pleadings closed the corporation moved for judgment on the pleadings. The court granted the motion because the certificate provisions unambiguously denied the shareholder a class vote.
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A surgeon sued a hospital chain under the Sherman Act alleging an unlawful boycott that reduced his referrals. The hospital answered and attached documents showing the alleged conduct occurred entirely within one state. After the pleadings closed the hospital moved for judgment on the pleadings. The court granted the motion because the pleadings established no effect on interstate commerce.
A party may file the motion after the pleadings are closed but early enough not to delay trial. The timing requirement prevents the motion from disrupting an imminent trial date.
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A motion for judgment on the pleadings may be filed only after the pleadings close and may be brought by either party. A motion to dismiss under Rule 12(b)(6) must be filed before the answer. Both motions test legal sufficiency but the former can address affirmative defenses appearing in the answer.
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Yes. If matters outside the pleadings are presented and not excluded the court must treat the motion as one for summary judgment under Rule 56 and give all parties a reasonable opportunity to present additional material.
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Yes. The defense of failure to join a person required for just adjudication may be raised by motion for judgment on the pleadings even if omitted from an earlier motion or answer.
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…transaction required the consent of two-thirds of the holders of the First Series Preferred stock. Defendants responded with a motion for judgment on the pleadings, which the Court of Chancery granted, finding that the provisions governing the rights of the First Series Preferred stockholders do not require such consent.[^maj-4] The plaintiffs allege…