Motion to Dismiss and Motion for More Definite Statement
John Wilson • April 24, 2020
Standards for a Rule 12(b)(6) and Rule 12(e) Motion
Rule 12(b)(6) Motion to Dismiss
Rule 12(e) Motion for More Definite Statement
A motion to dismiss pursuant to Fed. R. Civ. P. 12(e) is appropriate when a complaint is so vague or ambiguous that the defendant cannot file a responsive pleading. The defendant may file a motion asking the court to require the plaintiff to amend its complaint with a more definite statement. See Havens Realty Corp. v. Coleman, 455 U.S. 262, 383-84, 102 S.Ct. 1114, 1126 (1982). The types of pleadings that are permitted in the federal system are the following: the complaint, the answer, the cross-claim, the answer to the cross-claim, the counterclaim, the reply to the counterclaim, the third party claim, and the third-party answer. See Fed. R. Civ. P 7(a).
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