How to Bring a Motion for Judgment on the Pleadings
- 1). Wait for all initial pleadings to be filed and served by all parties to a lawsuit. This includes the complaint as well as answers by all defendants to the case.
- 2). Present a written argument to the court, with a copy to the opposing side, stating why the other party is unable to win even if all of the facts they present are true. Since the purpose of a trial is for a jury to determine which accounting of facts are true, a court can dispense with a trial and enter judgment for a defendant if all facts presented by the plaintiff show that the plaintiff can not win even if their facts are true.
- 3). Argue that any disputes of fact that may exist are not material to the outcome of the case. Parties often do not agree on all facts in a case; however, this may not preclude a judgment on the pleadings if the facts are not controlling to the outcome of the case.
- 4). File the motion for judgment on the pleadings as early as possible in the processing of the case. Many court rules will not allow for the filing of such a motion if it would cause a delay in a scheduled trial.
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