Also known as: judgment on the pleadings · JOP · judgment on pleadings
Written by attorneys · grounded in primary & secondary sources — see below
A judgment rendered for reasons apparent from the faces of the complaint and answer without hearing or evaluating evidence or substantive arguments.
Maria filed a diversity action against Valley Regional Hospital alleging negligent medical care after surgery but provided no specific acts or omissions by any provider. The hospital moved for judgment on the pleadings after answering. The court evaluated only the complaint and answer and dismissed the action because the allegations failed to state a plausible claim.
BlueWave Shipping sued Seaside Port Operations for wrongfully detaining cargo containers. After discovery closed the port moved for judgment on the pleadings asserting a limitations defense. The court denied the motion because the pleadings alone did not establish the defense.
Select any source to read its text and confirm it supports the definition.
Lucas sued the South Carolina Coastal Council alleging a temporary taking of his beachfront lots. The state moved for judgment on the pleadings arguing the claim was not ripe. The court decided the motion solely on the complaint and answer and rejected the ripeness defense.
Students and parents sued the West Virginia State Board of Education claiming the compulsory flag salute violated free speech. The board moved for judgment on the pleadings. The court resolved the constitutional issue on the face of the pleadings alone.
Mrs. Cipollone sued Liggett Group and other cigarette makers asserting failure-to-warn and design-defect claims. The defendants moved for judgment on the pleadings on preemption grounds. The court granted the motion after examining only the complaint and answer.
Mrs. Barber sued her former husband to enforce an alimony decree after he moved to Wisconsin. The husband moved for judgment on the pleadings claiming lack of jurisdiction. The court decided the motion on the pleadings and upheld the decree.
A party may move after the pleadings are closed but early enough not to delay trial. The motion tests the legal sufficiency of the opposing party's pleadings.
Supporting sources
The court considers only the complaint and answer. Matters outside the pleadings convert the motion to one for summary judgment.
Supporting sources
A Rule 12(c) motion may be filed only after the pleadings close. A Rule 12(b)(6) motion must be filed before the answer.
Supporting sources
The case ends without trial. The prevailing party obtains a final judgment based solely on the pleadings.
Supporting sources
…to the pre-1990 component of Lucas's takings claim, it is appropriate for us to address that component as if the case were here on the pleadings alone. Lucas properly alleged injury in fact in his complaint. See App. to Pet. for Cert. 154 (complaint); id. , at 156 (asking "damages for the temporary taking of his property" from the…