Motion for judgment on the pleadings - Next Generation Bar Exam

1. What scope may a Rule 12(c) motion have within the case?

   It may seek judgment on all or only some claims or defenses. Partial judgment on the pleadings narrows the issues for trial.

2. What standard governs a Rule 12(c) motion based on failure to state a claim?

   The same plausibility standard that governs a Rule 12(b)(6) motion. The court accepts the nonmovant's well-pleaded facts as true and draws reasonable inferences in its favor.

3. What happens if matters outside the pleadings are presented on a Rule 12(c) motion and not excluded?

   The motion must be treated as one for summary judgment under Rule 56. All parties must have a reasonable opportunity to present pertinent material.

4. A defendant files a Rule 12(c) motion while its answer to the plaintiff's complaint has not yet been filed. On what ground should the court deny the motion?

   The pleadings are not yet closed. A Rule 12(c) motion is available only after the pleadings close.

5. Which defenses does Rule 12(h)(2) preserve for assertion by a Rule 12(c) motion?

   Failure to state a claim, failure to join a required party, and failure to state a legal defense. These defenses are not waived by omission from a pre-answer motion.

6. When may a party move for judgment on the pleadings under Rule 12(c)?

   After the pleadings are closed, but early enough not to delay trial. Pleadings are closed after the complaint and answer, plus any answer to a counterclaim or crossclaim and any reply ordered.

7. When is judgment on the pleadings appropriate in the plaintiff's favor?

   When the answer admits all material allegations and asserts no defense that could succeed as a matter of law. With no material fact in dispute, the plaintiff is entitled to judgment as a matter of law.

8. Which materials may a court consider on a Rule 12(c) motion without converting it to summary judgment?

   The pleadings, attached exhibits, documents incorporated by reference, and matters subject to judicial notice. Considering deposition transcripts or affidavits would require conversion.

9. How are factual allegations admitted in the answer treated on a Rule 12(c) motion?

   As established for purposes of the motion. Admissions in the pleadings remove those facts from dispute.

10. A defendant attaches deposition transcripts to its Rule 12(c) motion, and the court relies on them. How must the court treat the motion?

    As a motion for summary judgment. Reliance on matters outside the pleadings converts the motion, and both sides must be allowed to present material.

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