Motions to dismiss and motions for judgment on the pleadings serve different purposes. Learn the key differences between them and when to use each in litigation.
In civil litigation, defendants often have the option to challenge the plaintiff’s claims before proceeding to trial. Two common procedural tools for this are the motion to dismiss and the motion for judgment on the pleadings. While both can be used to resolve a case early, they differ in terms of timing, purpose, and legal standards.
In this article, Legal Husk explains the differences between a motion to dismiss and a motion for judgment on the pleadings, the appropriate circumstances for each, and key strategic considerations for using them effectively.
✅ A motion to dismiss is a procedural tool used by a defendant to request the court to dismiss some or all of the plaintiff’s claims. A motion to dismiss is typically filed early in the litigation process, before the defendant files an answer to the complaint. It challenges the legal sufficiency of the plaintiff’s allegations and argues that the plaintiff’s case should not proceed.
A motion to dismiss is commonly filed under Federal Rule of Civil Procedure 12(b) for the following reasons:
Failure to state a claim upon which relief can be granted (Rule 12(b)(6)): The plaintiff’s complaint does not contain sufficient facts to support a legally viable claim.
Lack of subject matter jurisdiction (Rule 12(b)(1)): The court does not have jurisdiction over the subject matter of the case.
Lack of personal jurisdiction (Rule 12(b)(2)): The court does not have jurisdiction over the defendant.
Improper venue (Rule 12(b)(3)): The case was filed in the wrong court.
🎯 Strategic Tip: A motion to dismiss is typically filed early in the case, often before discovery begins. It is a legal challenge to the sufficiency of the complaint, rather than to the factual merits.
✅ A motion for judgment on the pleadings is filed after the defendant has responded to the complaint, typically after an answer has been filed. It is governed by Federal Rule of Civil Procedure 12(c) and is used when the defendant believes that the pleadings themselves (the complaint and the answer) are sufficient to resolve the case.
Rule 12(c) allows a party to file a motion for judgment on the pleadings after the pleadings are closed. This motion is typically based on the argument that, even if all the facts in the pleadings are accepted as true, the defendant is entitled to judgment as a matter of law.
Key Features:
A motion for judgment on the pleadings can be based on the legal sufficiency of the claims after the defendant has answered, rather than on the insufficiency of the plaintiff’s allegations before the defendant responds.
This motion is often used to dispose of a case where the parties agree on the facts but dispute the legal interpretation of those facts.
🎯 Strategic Tip: A motion for judgment on the pleadings is generally filed after the answer, when the parties have already exchanged their legal arguments and pleadings. It argues that even taking the facts as alleged, the defendant should prevail as a matter of law.
✅ While both motions seek to end a case early, they differ in timing, purpose, and procedural requirements:
Timing:
Motion to Dismiss: Typically filed before the defendant answers the complaint, challenging the sufficiency of the plaintiff’s claims.
Motion for Judgment on the Pleadings: Filed after the defendant answers, challenging the legal sufficiency of the entire case based on the pleadings.
Legal Standard:
Motion to Dismiss: Focuses on whether the plaintiff’s allegations are sufficient to state a legal claim. The court accepts the plaintiff’s allegations as true, and the motion is based on the legal sufficiency of the complaint.
Motion for Judgment on the Pleadings: Looks at the entire record, including the complaint and the answer, and asks whether the plaintiff is entitled to judgment. The court considers the legal sufficiency of the pleadings and may also consider any admissions or affirmative defenses in the answer.
Scope:
Motion to Dismiss: Can be based on several grounds, such as lack of jurisdiction, improper venue, failure to state a claim, or failure to join an indispensable party.
Motion for Judgment on the Pleadings: Generally focuses on whether there is a legal basis to proceed with the case, assuming all factual allegations are true. It typically argues that there is no legal dispute to be resolved based on the pleadings.
🎯 Strategic Tip: A motion to dismiss is filed earlier in the litigation process and challenges the sufficiency of the plaintiff’s allegations, while a motion for judgment on the pleadings is filed later and challenges the legal sufficiency of the entire case after the answer has been filed.
✅ Here are the appropriate circumstances for using each motion:
Motion to Dismiss:
When there is a procedural defect in the complaint, such as lack of jurisdiction or improper venue.
When the plaintiff’s allegations fail to state a claim that is legally sufficient, and the defendant wants the case dismissed before moving forward.
When a statute or legal precedent requires the plaintiff to exhaust administrative remedies before filing suit.
Example: If a plaintiff files a complaint based on a claim that is barred by the statute of limitations, the defendant may file a motion to dismiss before answering, arguing that the plaintiff cannot state a claim due to the time-barred nature of the claim.
Motion for Judgment on the Pleadings:
After the defendant has answered, when the defendant believes the facts and legal arguments in the pleadings are sufficient to resolve the case.
When there is no genuine dispute of material facts, and the defendant argues that, even taking the plaintiff’s facts as true, they are entitled to judgment as a matter of law.
When the defendant believes the plaintiff’s claims fail as a matter of law, despite the facts being accepted as true.
Example: If a plaintiff sues for breach of contract but the defendant believes that the contract was void under the law, the defendant could file a motion for judgment on the pleadings after answering, arguing that the contract cannot form the basis of a valid claim.
🎯 Strategic Tip: Use a motion to dismiss to challenge the plaintiff’s claims early in the case. Use a motion for judgment on the pleadings after the answer to dispose of the case if the pleadings show there is no legal basis for the claim.
✅ Example 1 – Motion to Dismiss:
The defendant files a motion to dismiss based on failure to state a claim, arguing that the plaintiff’s complaint does not contain enough factual allegations to support a legally viable claim.
“Defendant moves to dismiss the complaint under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The plaintiff’s complaint lacks the factual specificity required to state a plausible claim under Twombly and Iqbal.”
✅ Example 2 – Motion for Judgment on the Pleadings:
After answering, the defendant files a motion for judgment on the pleadings, arguing that, even if the plaintiff’s factual allegations are true, they are not legally sufficient to sustain a claim for breach of contract.
“Defendant moves for judgment on the pleadings under Rule 12(c), asserting that, even accepting all factual allegations as true, the complaint fails to state a valid claim for breach of contract. The defendant’s actions were fully compliant with the contract terms and law, and therefore no breach occurred.”
🎯 Strategic Tip: In these examples, the motion to dismiss focuses on insufficiency of the plaintiff’s allegations, while the motion for judgment on the pleadings focuses on legal sufficiency after an answer has been filed.
Both a motion to dismiss and a motion for judgment on the pleadings can be effective tools for resolving a case early, but they serve different purposes and should be used at different stages of litigation. A motion to dismiss challenges the plaintiff’s complaint before the defendant answers, while a motion for judgment on the pleadings challenges the entire case based on the pleadings after the answer.
At Legal Husk, we help attorneys determine the most effective procedural strategy, whether it’s filing a motion to dismiss or a motion for judgment on the pleadings, ensuring that your motions are legally sound and strategically beneficial.
Need help drafting a motion to dismiss or a motion for judgment on the pleadings? Legal Husk provides expert guidance to ensure your motions are timely, legally strong, and aligned with the latest case law.
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