Also known as:Rule 12(b) motion · Rule 12(b)(6) motion · FRCP 12 motion · FRCP Rule 12 · 12(b)(6) motion · motion to dismiss
Written by attorneys · grounded in primary & secondary sources — see below
A pretrial motion under the Federal Rules of Civil Procedure or Federal Rules of Criminal Procedure that challenges the legal sufficiency of a complaint or indictment or seeks other relief such as dismissal for lack of jurisdiction or improper service.
Sources & Authorities
How it applies
Common Examples
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Pleading Challenge in Contract Dispute
Renata Russo filed a complaint against Rhapsody Entertainment alleging breach of a licensing agreement but included only conclusory assertions that the company had failed to perform without supporting facts. Rhapsody filed a Rule 12 motion to dismiss. The court disregarded the conclusory statements and examined whether the remaining factual allegations made the claim plausible rather than merely possible. Finding no plausible entitlement to relief, the court granted the motion and dismissed the action.
Grand Jury Qualification Objection
Ralph Richardson was indicted by a grand jury that included one member later shown to lack legal qualification. Richardson filed a Rule 12 motion to dismiss the indictment on that ground. The record established that at least twelve qualified jurors had concurred in the indictment. The court denied the motion because the presence of the unqualified juror did not invalidate the charging decision.
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Test Yourself
10
Practice Questions5
· 10 primary sources
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Cases
Statutes
Federal Rules
Model Codes
Restatements
Study Supplements
Common questions
Frequently Asked
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What standard applies when a defendant files a Rule 12 motion challenging the sufficiency of a civil complaint?+
Courts must disregard conclusory allegations and determine whether the remaining well-pleaded facts plausibly give rise to an entitlement to relief. A complaint survives only if the facts alleged make the claim plausible, not merely possible.
Can a defendant move to dismiss a criminal indictment under Rule 12 based on a grand juror's lack of qualification?+
A party may move to dismiss the indictment on that ground unless the court has already ruled on the objection. Dismissal is improper if the record shows that at least twelve qualified jurors concurred in the indictment.
Does a Rule 12 motion to dismiss in a civil case automatically stay discovery?+
No automatic stay exists under the cited authorities. A separate statutory provision may bar discovery during certain stays, but the motion itself does not trigger that bar.
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