LAW 110 Chapter 12(b)(6) Rule explanation: 12(b)(6) Rule explanation
Document Summary
A 12(b)(6) motion is brought in response to a complaint when the d believes that the p has failed to state a claim upon which relief can be granted. This motion tests the claim"s sufficiency and the burden of pleading of the p. it should be granted when the p failed to show elements that meet a legal claim. However, factual allegations are assumed to be true, and an inference of a legal claim from these facts is enough to deny the motion. The court is likely to allow at least one amendment to the complaint before granting a 12(b)(6) since a dismissal under this motion would remove the case without an opportunity for discovery. A 12(b)(6) motion is driven by efficiency and economy.
