Also known as: Mass.R.Civ.P. 12 · Massachusetts R. Civ. P. 12 · Rule 12 · M.R.C.P. 12
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule governing the assertion of defenses and objections in civil actions. It requires consolidation of available threshold challenges in a single pre-answer motion and imposes waiver for omitted defenses listed in the rule. The rule also addresses conversion of motions that rely on matters outside the pleadings.
Melanie Morris served her complaint on Morgan Financial. Morgan filed a motion under Rule 12(b) twenty days later. Morris then filed an amended complaint the next day without seeking consent or leave. The amendment was timely because it occurred within twenty-one days after service of the motion.
Maurice Marshall moved to dismiss Madison Meyers's complaint under Rule 12(b)(6). He attached an affidavit and contract excerpts not referenced in the pleading. The court considered the materials and converted the motion to one for summary judgment. All parties then received an opportunity to present additional pertinent evidence.
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Mariam Mansour filed a pre-answer motion to dismiss Mina Mehta's suit solely for improper venue. Mansour later attempted to assert lack of personal jurisdiction in her answer. The defense was waived because it was available when the first motion was made but omitted. The court therefore denied the later jurisdictional challenge.
Ming Ma sued Meridian Motors alleging breach of an endorsement contract with only general statements of the agreement and termination. Meridian moved to dismiss for failure to state a claim. The court denied the motion because the complaint supplied fair notice of the claim under the governing pleading standard.
Mosaic Retail sued Maxwell Manufacturing for employment discrimination. The complaint contained only a short and plain statement of the claim without detailed factual allegations. Maxwell moved to dismiss. The court denied the motion because the pleading satisfied the simplified notice standard and did not require heightened particularity.
A voter sued state officials alleging unconstitutional districting that diluted votes. The defendants moved to dismiss on political-question grounds. The court denied the motion because the claim presented a justiciable controversy under the applicable constitutional standard.
The defense must be asserted in the first Rule 12 motion or in the responsive pleading if no such motion is made. Failure to do so results in waiver under the consolidation and waiver provisions.
The motion must be converted to one for summary judgment under Rule 56. All parties must then receive a reasonable opportunity to present all pertinent material before the court rules.
The amendment resets the response clock only in limited circumstances tied to service of a responsive pleading or a Rule 12 motion. A second amendment after the first as-of-right filing requires consent or leave.
Certain defenses such as failure to state a claim may still be raised by motion under Rule 12(c) or at trial. Defenses listed in Rule 12(b)(2) through (5) are waived if not timely asserted earlier.
A third-party defendant must assert any Rule 12 defenses against the third-party plaintiff's claim. The original plaintiff may also assert claims against the third-party defendant arising from the same transaction or occurrence.
…the complaint should have been dismissed for "failure to state a claim upon which relief can be granted." Fed. Rules Civ. Proc., Rule 12 (b) (6). It is at once essential to recognize this case for what it is. The issue here relates not to a method of state electoral apportionment by which seats in the federal House of…