Motion for Judgment on the Pleadings
(WA)

Summary

This template is a motion for judgment on the pleadings in a civil action in Washington superior court. It contains practical guidance and drafting notes. This motion is drafted for use by a defendant. It is technically possible for a plaintiff may move for judgment on the pleadings if the defendant's answer fails to adequately deny the allegations of the complaint or set forth facts constituting a defense to the plaintiff's claims. See Wash. CR 12(c) ("any party" may move for judgment on the pleadings). Plaintiff's motions are somewhat rare, though, since the defendant usually need only deny one or more material allegations of plaintiff's claims to defeat a motion for judgment on the pleadings. A motion to dismiss for failure to state a claim under Wash. CR 12(b)(6) and a motion for judgment on the pleadings under Wash. CR 12(c) raise essentially identical issues and are governed by the same standard. See P.E. Systems, LLC v. CPI Corp., 176 Wn.2d 198, 203, 289 P.3d 638 (2012). On either motion, the court must examine the pleadings to determine whether the plaintiff can prove any set of facts consistent with the complaint that would entitle the plaintiff to relief. Nw. Animal Rights Network v. State, 158 Wn. App. 237, 241, 242 P.3d 891 (2010). The court should grant the motion if it determines from the pleadings that there is no viable claim stated. Matsyuk v. State Farm Fire & Cas. Co. of Ill., 173 Wn.2d 643, 662–63, 272 P.3d 802 (2012). The contents of this template may thus be adapted for use in a motion to dismiss under Wash. CR 12(b)(6). The main difference between the two motions is that a motion to dismiss for failure to state a claim under Wash. CR 12(b)(6) must be brought by the defendant before answering the complaint, while a motion for judgment on the pleadings may be brought after the pleadings have closed "but within such time as not to delay the trial." See Wash. CR 12(b), (c). If you bring a pre-answer motion to dismiss under Wash. CR 12(b)(6), you must also include certain other grounds for dismissal listed in Wash. CR 12(b) (insufficient process or service, improper venue, lack of personal jurisdiction) in your motion to avoid potential waiver of those defenses. See Wash. CR 12(b), (g), (h)(1). If you decide to challenge the complaint for failure to state a claim by use of a judgment on the pleadings, you should allege failure to state a claim as an affirmative defense in the answer and then then follow up later with a motion for judgment on the pleadings. See Wash. CR 12(b), (g), (h)(2). For further discussion of grounds and timing requirements for a motion for judgment on the pleadings and comparison with the requirements for a motion to dismiss under Wash. CR 12(b)(6), see Motion to Dismiss or Motion for Judgment on the Pleadings for Failure to State a Claim: Making the Motion (WA). As the name implies, a motion for judgment on the pleadings is solely based on the pleadings and the court presumes that the facts alleged in the complaint are true. See Lawson v. State, 107 Wn.2d 444, 448, 730 P.2d 1308 (1986). If matters outside the pleading are presented to and not excluded by the court, the motion must be treated as one for summary judgment and disposed of as provided in Wash. CR 56, and all parties must be given a reasonable opportunity to present all material pertinent to a summary judgment motion. Wash. CR 12(c). For discussion of summary judgment motions, see Summary Judgment Fundamentals (WA) and Summary Judgment: Making the Motion (WA). This template illustrates the general format and structure of a motion for judgment on the pleadings. The actual legal argument in support of the motion will, of course, depend on the specific allegations contained in the pleadings. You should insert appropriate substantive legal argument and authority in the template to support your argument that the plaintiff's complaint fails to state a claim. The motion should be served on the opposing party's attorney (or the opposing party, if unrepresented). See Wash. CR 5(a), (b). Under the general statewide rules pertaining to motions, the motion should be served at least five days before the hearing on the motion, absent a specific rule or court order setting a different time. See Wash. CR 6(d). But be sure to check local rules as in some counties, motions must be served earlier than five days before the hearing. See, e.g., Wash. King Super. Ct. LCR 7(b)(4)(A) (moving party must serve and file all motion papers at least nine judicial days before date party wants matter to be considered). The motion should be filed with the court before service or promptly thereafter. See Wash. CR 5(d)(1). For discussion of procedures for service and filing, see Filing and Serving Documents Other Than Initial Complaint and Summons (WA). This template follows the standard format for motions in Washington superior court. Be sure to check local rules in the court where the action is pending for any additional requirements regarding the format of motions generally or for motions for judgment on the pleadings specifically. For discussion of general requirements for motions, see Motion Practice Fundamentals (WA).