Regardless of your industry or situation, an expensive, drawn-out litigation case is unfavorable to all involved. Some cases are more straightforward than others, and when there’s a clear path to resolution, defendants or plaintiffs can file a motion for judgment on the pleadings. This motion can save time and money when you know how and when to use it. Learn what it is and how to use it with Calabrese Law Associates — the Greater Boston Area’s choice for civil law attorneys since 2013.
The Goal: Winning a Lawsuit Before Trial
A motion for judgment on pleadings aims to wrap up a lawsuit as quickly as possible by requesting an outcome prior to the longest parts of a court case — gathering and presenting evidence. It is only possible in specific scenarios where the legal outcome is clear through initial pleadings and responses.
For example, imagine that you’re a contractor awaiting payment for a construction job you’ve completed. The payment was due in January, but months later, you’re no closer to receiving payment. When you communicate this issue to the property owner, they claim they forgot and no longer have money to give you, so they won’t be paying you.
When you take this case to court, it is clear from the initial evidence that the defendant — the property owner — does not have a legal case to not pay you. Under the Federal Rule of Civil Procedure (FRCP) 12(c), once the initial pleadings are closed, your team can file a motion for judgment on the pleadings. If the motion is ruled in your favor, the case can forgo trial and receive a ruling immediately. You can spend less time fighting the case and receive the payment you’re owed sooner.
Key Differences: Pleadings vs. Dismissal vs. Summary Judgment
As you pursue a motion for judgment on the pleadings, you may come across similar terms that make it challenging to know which option to pursue. Other common motions include a motion to dismiss and a motion for summary judgment.
Motion to Dismiss
Compared to judgment on the pleadings, a motion to dismiss would be filed earlier — usually directly after the initial complaint has been filed. It addresses the legitimacy of the claim itself, rather than the full pleading (the claim and its response).
According to Massachusetts state law, a motion for judgment on pleadings should be treated as a motion to dismiss if a party fails to assert the failure to state a claim defense in a timely manner.
Motion for Summary Judgment
Conversely, a motion for summary judgment is made after some evidence presentation. The motion may rely on testimony, affidavits, and other information outside the claim and response.
In Massachusetts, if the court considers materials outside the pleadings, the motion may be treated as one for summary judgment.
Who Does a Motion for Judgment on the Pleadings Apply To?
This motion only applies to the moving party, or the party filing the motion. Each defendant is responsible for filing their own motion. However, the court can also act on its own motion, known as acting sua sponte, in certain circumstances.
Why This Motion Matters
In matters of construction, real estate, and other industries that often fall under civil law proceedings, these motions arise from varying interpretations of contracts and similar formal documents.
While in some cases, this interpretation will be up to the court to decide on, it can also be an instance of one party misunderstanding certain stipulations or jargon. The latter scenario is where motions for judgment on the pleadings are most effective, providing a fast avenue to explanation and resolution without sinking time and money into a full trial.
Gain a Strategic Advantage With Boston’s Leading Litigation Firm
A motion for judgment on the pleadings can be a powerful tool, but only if you know when and how to use it under federal and state law. If you have a case in the Greater Boston Area, Calabrese Law Associates can help. Our extensive experience and knowledge as a Massachusetts civil litigation firm with more than a decade in practice give us profound insights into real estate, construction, and other business laws. We use this strategic advantage to help you achieve your desired outcome while saving time and money wherever possible.
Whether you believe this motion can help your case or not, Calabrese Law Associates is available to support your case inside and out of the courtroom. Connect with your local professionals today for a case review.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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