Difference between revisions of "12(b)(6)"

Revision as of 02:15, February 15, 2012

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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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-==References==
-*[http://www.law.cornell.edu/rules/frcp/Rule12.htm Federal Rule of Civil Procedure 12]
-[[Category:Law]]