When can you file a motion for judgement on the pleadings?

• A. Before the pleadings are filed
• B. After the pleadings are closed, but early enough not to delay trial
• C. During discovery
• D. After trial

Answer: (B)

Judgment on the pleadings is a pretrial ruling that tests the legal sufficiency of the pleadings themselves, not any evidence. It should be sought once the last pleading directed to the merits has been filed (the pleadings are closed) and before trial, and in a way that won’t delay the trial. If the court finds the pleadings fail to state a claim or a defense as a matter of law, it can grant judgment without proceeding to discovery or trial. It wouldn’t be appropriate to file before any pleadings exist, during discovery, or after a trial has begun or concluded.