Civ Pro Question

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DaydreamBeliever
Posts: 53
Joined: Mon Sep 28, 2009 12:44 pm

Civ Pro Question

Postby DaydreamBeliever » Thu May 31, 2012 2:55 pm

I have been trying to figure this out for a while now but can't find any actual cases on westlaw so I was hoping TLS can help me out.

Can you file a 12(b)(6) after you have already answered a complaint?

Should I Transfer??
Posts: 131
Joined: Sat Jan 14, 2012 8:41 pm

Re: Civ Pro Question

Postby Should I Transfer?? » Thu May 31, 2012 3:10 pm

Answer: yes, you may file a motion under 12(c) judgment on the pleadings after you have filed an answer and the pleadings have closed. see FRCP 12(h).

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niederbomb
Posts: 962
Joined: Sat Dec 12, 2009 12:07 pm

Re: Civ Pro Question

Postby niederbomb » Thu May 31, 2012 3:46 pm

DaydreamBeliever wrote:I have been trying to figure this out for a while now but can't find any actual cases on westlaw so I was hoping TLS can help me out.

Can you file a 12(b)(6) after you have already answered a complaint?


No.

But see the above poster for one possible alternative.

DaydreamBeliever
Posts: 53
Joined: Mon Sep 28, 2009 12:44 pm

Re: Civ Pro Question

Postby DaydreamBeliever » Thu May 31, 2012 4:55 pm

Thanks guys. I kind of came to that same conclusion but I don't have a definitive answer that says no and was wondering if there was some big case or some treatise that I can look to in order to have some authority behind my answer.




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