Tag: Civil Procedure

12(b)(6): So What Do You Want Me To Do About It?

 

I’m a collector of odd facts. This is how I have a favorite out-of-context Bible verse (I don’t care that Matthew 10:34 isn’t part of the Nativity readings; it’s far more relevant to the modern celebration of Christmas than Luke 2:14), a favorite business tax deduction (breast implants to bring the exotic dancer’s cups to size N), and even a favorite medical code (Y93.D1: Injured while knitting or crocheting). So it shouldn’t be much surprise that I also have a favorite Federal Rule of Civil Procedure 12(b)(6): Failure to state a claim upon which relief can be granted.

Let me back up a bit to explain this one. The rules of civil procedure govern lawsuits, and rule 12, in particular, is about motions and pleadings to be done before a matter goes to trial. The defendant has the right to make a motion that the suit be dismissed in a summary judgment, where the facts the plaintiff provides are assumed to be true and the judge makes a ruling on the law.