Which type of motion is used when the complaint fails to state a cause of action?
A) summary judgment
B) judgment on the pleadings
C) judgment NOV
D) none of the above

Question

Which type of motion is used when the complaint fails to state a cause of action?​
A) summary judgment
B) judgment on the pleadings
C) judgment NOV
D) none of the above

Quizplus · Accepted Answer

A motion for judgment on the pleadings is used when the plaintiff's complaint and the defendant's answer have been filed, and the defendant believes that there are no disputed issues of fact and that based on the allegations made in the complaint, the plaintiff has failed to state a valid cause of action. The defendant may file a motion for judgment on the pleadings requesting the court to dismiss the case without the need for a trial.

Which Type of Motion Is Used When the Complaint Fails