Difference between revisions of "12(b)(6)"
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| − | + | A '''12(b)(6)''', named after the subsection of the [[Federal Rules of Civil Procedure]] on which it is based, is a [[motion]] that is filed by a [[defendant]] in the opening stages of a [[Federal]] [[civil]] case. The motion declares that there is a "failure to state a claim upon which relief can be granted," or in other words, even assuming the allegations made by the [[plaintiff]] are true, there is no [[legal]] basis for relief. | |
==References== | ==References== | ||
*[http://www.law.cornell.edu/rules/frcp/Rule12.htm Federal Rule of Civil Procedure 12] | *[http://www.law.cornell.edu/rules/frcp/Rule12.htm Federal Rule of Civil Procedure 12] | ||
[[Category:Law]] | [[Category:Law]] | ||
Revision as of 23:12, October 13, 2011
A 12(b)(6), named after the subsection of the Federal Rules of Civil Procedure on which it is based, is a motion that is filed by a defendant in the opening stages of a Federal civil case. The motion declares that there is a "failure to state a claim upon which relief can be granted," or in other words, even assuming the allegations made by the plaintiff are true, there is no legal basis for relief.