12B6 MOTION TO DISMISS TRIAL

P., Rule 12(b), we may look for guidance to cases interpreting the cognateįederal rule. P., Ruleġ2 (b) (6), is based directly on its Federal counterpart, Reporters' Notes to Mass.

75, 76 (Rule 12 (b) (2) motion filed after answer 5, 7 (Rule 12 (b) (5) motion filed after answer may be treated as Rule 12(c) motion) Schottenstein Bernstein Capital Group, Inc., 2006 Mass. Massachusetts precedent for treating an untimely Rule 12 (b) (6) motion to dismissĪs a Rule 12(c) motion for judgment on the pleadings, there is case law support forĬonsidering untimely motions under other Rule 12 (b) subsections under Rule 12 (c). Pleadings are closed, and may do so by filing a Rule 12(c) motion for judgment on Aĭefendant retains the right to raise the defense of failure to state a claim after the

12B6 MOTION TO DISMISS TRIAL

The solution to this procedural problem is that the defendants' dismissal motionĬould have been properly treated by the trial court as one pursuant to Rule 12 (c). P., Rule 12(b) (noting that Rule 12 (b) (6)ĭefense 'shall be made before pleading if a further pleading is permitted). The defendants' Rule 12 (b) (6) motion was untimely because it was submitted after That the statute of limitations has run prior to the date the action was commenced.)Īn initial procedural problem neither addressed nor argued by either party is that lies against a complaint which shows on its face Motion is far less important than its substance.') Babco Indus., Inc. Identified their request as one for dismissal under Rule 12(b) (6).

P., Rule 12 (b) (5), 12(b)(6),ġ2 (b) (9), and 12 (b) (10), the substance of both their motion and supporting memorandum The dismissal motion was allowed, and Killoran hasġ. The complaint as barred by the statute of limitations and not within the saving After filing their answer, the defendants moved to dismiss Killoran ('Killoran'), commenced this tortĪction on Jto recover for injuries allegedly sustained in an automobileĪccident on January 29, 2004. Statute of limitations 'Savings' statute.īRENNAN, P.J. 86 ApAppellate Division Western District Court Below: District Court, Worcester Division Present: Brennan, P.J., Gardner & Noonan, JJ.

12b6 motion to dismiss