Which statement about timing of Rule 12(c) is true?

• A. It may be raised before pleadings are closed
• B. It can only be raised on motion for summary judgment
• C. It can be raised after pleadings are closed or early enough not to delay trial
• D. It must be filed only after discovery is complete

Answer: (C)

Rule 12(c) motions for judgment on the pleadings are raised after the pleadings have closed, but before trial, and they must be brought at a time that does not delay the trial. The idea is to test the sufficiency of the pleadings themselves, using only the pleadings and any attached documents, without introducing evidence. It can’t be raised before the pleadings are closed, and it isn’t limited to a summary judgment procedure. It also doesn’t require discovery to be complete; you can raise it once the pleadings are closed even if discovery is ongoing, so long as rushing the issue wouldn’t postpon e trial.