Civil Procedure Multistate Bar Practice Exam

What does a motion for judgment on the pleadings signify?

1. It is filed before the defendant has answered

2. It occurs after the defendant has answered the complaint

3. It replaces the need for a jury trial

4. It dismisses the case without a hearing

The correct answer is: It occurs after the defendant has answered the complaint

A motion for judgment on the pleadings is a procedure that occurs after all the pleadings have been filed, which includes the plaintiff's complaint and the defendant's answer. This motion is made when there are no material facts in dispute and one party believes that, based on the pleadings themselves, they are entitled to judgment as a matter of law. Essentially, it allows the court to decide the case based solely on the written submissions, without necessitating a trial. This aspect is crucial because it signals to the court that the moving party believes that the pleadings themselves sufficiently resolve the issue at hand, making a further adjudication unnecessary. In this context, it is important to understand that a motion for judgment on the pleadings cannot occur before the defendant has answered the complaint because there would be no complete set of pleadings for the court to review. Since it is essentially a response to the entirety of the pleadings, this timing is vital for the motion to be valid.