Next Generation Bar Exam Quiz
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CIVIL PROCEDURE
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A defendant filed an answer in a federal contract action. Discovery proceeded, a trial date was set, and thirty days before trial the defendant moved for judgment on the pleadings, arguing for the first time that the complaint failed to state a claim. The motion did not rely on any evidence outside the pleadings. The plaintiff opposes the motion.
Which additional fact would be most important in deciding whether the court should consider the defendant's motion?
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