Get 1 Rule 12(b)(6) States: (b) - Eastern District Of Pennsylvania - Paed Uscourts

Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.

Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent. Under Rule 12(f), a part of a pleading can be removed if it is redundant, immaterial, impertinent, or scandalous.

FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.

No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. Obtaining an extension of time within which to answer or otherwise plead shall not constitute a waiver of any defense herein set forth.

21.01 (1) A party may move before a judge, (a) for the determination, before trial, of a question of law raised by. a pleading in an action where the determination of the question. may dispose of all or part of the action, substantially shorten the. trial or result in a substantial saving of costs; or.

The United States District Court for the Eastern District of Pennsylvania is one of 94 United States district courts. It is one of the original thirteen federal judiciary districts created by the Judiciary Act of 1789.

Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.