In ruling on a Rule 12(c) motion, which pleadings may the court consider?

• A. All pleadings
• B. Only the complaint
• C. Only responses
• D. None

Answer: (A)

When evaluating a Rule 12(c) motion, the court bases its decision on the pleadings themselves. The pleadings include the complaint and the answer, together with any counterclaims or crossclaims that are part of those pleadings, and any documents that are attached to or incorporated by reference in them. Because the motion seeks judgment on the face of the pleadings, the court does not go beyond what is stated in those documents unless there is something attached or incorporated by reference or the matter is judicially noticed. Discovery materials or new evidence aren’t considered at this stage; if you need to bring in outside evidence, the proper route is to seek summary judgment under Rule 56.