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Motion for Judgment on Pleadings

Official Procedure Last Change August 11, 2017

Motion for Judgment on Pleadings

How to file:

Location of event: Adversary > Motions & Briefs > Judgment on Pleadings Pursuant to FRCP 12(c), Motion for

 

  • FRCP 12(c), (d)

 

General Information

This event may be used after the pleadings are closed (but early enough not to delay trial) if a party seeks judgment based solely on the complaint, the answer and any written instruments attached thereto as exhibits. This event can also be used when a party is seeking judgment based on a counterclaim and the answer thereto, a cross claim and the answer thereto, and a third-party complaint and the answer thereto.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Judgment on Pleadings Pursuant to FRCP 12(c), Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select the docket entry to which the Motion relates and click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.