12(b)(6)

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A 12(b)(6), named after the subsection of the Federal Rules of Civil Procedure on which it is based, is a motion that is filed by a defendant in the opening stages of a Federal civil case. The motion declares that there is a "failure to state a claim upon which relief can be granted," or in other words, even assuming the allegations made by the plaintiff are true, there is no legal basis for relief.

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