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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?

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).

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.

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.