Pleadings and Motions
Dispositive Motions
Rule 12(c) permits a motion after the pleadings close, applying the same standard as a motion to dismiss. Materials outside the pleadings convert it to a summary judgment motion.
It may be brought by either party.
Alternative Names:
Rule 12(c) Motion, Judgment on the Pleadings
Why it Matters?
The device is most useful where a dispositive affirmative defense appears from the pleadings themselves, since a defendant that answered without moving to dismiss can still obtain judgment on limitations, release, or preclusion grounds. Conversion is the trap, because attaching a release or prior judgment may push the motion into summary judgment territory with its notice and record requirements. Judicially noticeable materials avoid conversion.
Frequently Confused with
Related terms
Frequently asked questions
When is judgment on the pleadings useful?
What causes conversion to summary judgment?
