Also known as:FRCP 12(c) · Fed. R. Civ. P. 12(c) · 12(c) motion · judgment on the pleadings
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism that permits a party to seek judgment based solely on the pleadings once they are closed but early enough not to delay trial.
Sources & Authorities
How it applies
Common Examples
6
Pleadings Closed on Contract Claim
Raphael Rivera sued Radiance Media for breach of a licensing agreement. After Radiance Media filed its answer denying the material allegations and asserting several affirmative defenses, Raphael moved for judgment on the pleadings. The court reviewed only the complaint and answer and entered judgment for Raphael because the pleadings established liability as a matter of law.
Answer Triggers Judgment Motion
Ralph Richardson sued Redline Automotive alleging defective vehicle repairs. Redline answered, admitting the repairs occurred but denying any defect or causation. Ralph then moved for judgment on the pleadings. The court granted the motion because the answer left no factual dispute requiring trial.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Casebooks
Study Supplements
Conley v. Gibson355 U.S. 41, 45-46 (1957)
Preclusion Bars Relitigation
Roland Rhodes sued Redwood Bank for wrongful account closure. After the bank answered and the pleadings closed, Roland moved for judgment on the pleadings based on an earlier judgment against the same bank. The court granted the motion because the prior adjudication resolved the identical issues.
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation402 U.S. 313, 324–25 (1971)
Pleadings Resolve Product Claim
Riley Rivera sued Redline Automotive for injuries from an allegedly defective part. Redline answered, conceding the part was installed but denying any defect. Riley moved for judgment on the pleadings. The court entered judgment for Riley because the answer admitted all facts necessary to establish liability.
Cipollone v. Liggett Group, Inc.893 F.2d 541 (3d Cir.1990), affirmed in part and reversed in part, 505 U.S. 504 (1992)
Maritime Dispute Ends on Pleadings
Renata Russo sued Riverfront Developments over damage to cargo during transport. After the answer admitted the shipment terms and damage occurred, Renata moved for judgment on the pleadings. The court granted the motion because the pleadings left no triable issue on liability.
Romero v. International Terminal Operating Co.358 U.S. 354, 382-383, 79 S.Ct. 468, 3 L.Ed.2d 368 (1959)
Immunity Defense Decided Early
Rina Rahman sued Redwood Bank alleging improper account freezes. The bank answered asserting qualified immunity. Rina moved for judgment on the pleadings. The court denied the motion because the answer raised a factual dispute that required further proceedings before any immunity ruling.
Mitchell v. Forsyth472 U.S. 511, 528 (1985)
Common questions
Frequently Asked
4
When may a party file a motion under Rule 12(c)?+
A party may move for judgment on the pleadings after the pleadings are 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.
Supporting sources
How does a Rule 12(c) motion differ from a Rule 12(b)(6) motion?+
A Rule 12(c) motion is decided on the complaint, answer, and any reply, whereas a Rule 12(b)(6) motion is decided only on the complaint with its allegations presumed true. Both can be converted to summary judgment if matters outside the pleadings are considered.
Supporting sources
Can a failure-to-join defense be raised by a Rule 12(c) motion?+
Yes. The defense of failure to join a required party may be raised by motion for judgment on the pleadings even after an answer has been filed. It is not waived by answering on the merits.
Supporting sources
What happens if material outside the pleadings is submitted with a Rule 12(c) motion?+
If the court considers the outside material and does not exclude it, the motion must be treated as one for summary judgment under Rule 56, and all parties must receive a reasonable opportunity to present additional material.
Supporting sources
355 U.S. 41 (1957)Civil Procedure
…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).