When should you file a motion for more definite statement?

• A. Before filing a responsive pleading
• B. After discovery
• C. After filing a responsive pleading
• D. After a summary judgment

Answer: (A)

A motion for a more definite statement is a pre-answer tool. It’s used when a pleading is so vague or ambiguous that the other side cannot reasonably prepare a response. Because the whole point is to clarify what is being alleged before any responsive pleading is drafted, you raise this motion before filing an answer.

If the court grants the motion, the plaintiff must amend the pleading to provide the missing details, and then the party can prepare and file a responsive pleading. If you wait until after you’ve already filed a responsive pleading, or after discovery or summary judgment has begun, the motion isn’t the proper vehicle anymore—the purpose of the rule has passed, and you’d pursue other avenues (discovery for information, or other motions depending on the situation).

So the best time to file is before you respond to the complaint, to obtain the needed clarity so you can form a proper defense.