Rule 12(c) states that “fter the pleadings are closed-but early enough not to delay trial-a party may move for judgment on the pleadings.” The pleadings close after the following documents are filed: a complaint, an answer to the complaint, any counterclaims and answers, third-party complaints and answers, and any reply to an answer, if ordered by the court. The relief available under Rule 12(c) depends on the defenses pled in the answer and the manner in which one decides to attack the pleadings. Generally, a motion for judgement on the pleadings can be employed in two effective ways: (1) to attack the sufficiency of the allegations in the complaint and (2) to attack the merits of a claim. Depending on the timing of the motion and the manner in which the complaint is attacked, dismissal of a claim may be either with, or without, prejudice. When prompted, most defense litigators will often identify pre-answer motions to dismiss or motions for summary judgment as the preferred pre-trial vehicles to dispose of a plaintiff’s claims. However, Rule 12(c) provides another effective, and potentially devastating, tool for litigators to dispose of claims and cripple their opponent’s case, and can be incorporated into their litigation strategy and regular practice. A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule of procedure where available) can be used to attack the sufficiency of an opponent’s pleadings and the viability of their underlying claims prior to trial.

Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal.

12b6 motion to dismiss