Who can file a motion for judgement on the pleadings?

• A. Only the plaintiff
• B. Only the defendant
• C. Either party
• D. Neither party

Answer: (C)

Judgment on the pleadings is a pretrial motion that can be brought by either party after the pleadings have been closed but before trial. The idea is to test, based solely on the face of the pleadings (the complaint and the answer, and any reply if allowed), whether the claim or defense is legally sufficient without considering any evidence from discovery. If, assuming all allegations are true, there is no potential for relief or no viable defense, the court can grant judgment as a matter of law. Because both sides might face a pleading that is legally deficient, either party may file this motion. It differs from a summary judgment, which relies on evidence outside the pleadings, and from a typical Rule 12(b)(6) dismissal, which is more about whether the pleadings themselves state a claim at the outset; judgment on the pleadings resolves the case based only on the pleadings once they’re closed. If facts are in dispute requiring evidence, the motion should be denied and the case moves forward to trial.