What is a motion for judgment on the pleadings?

A motion for judgment on the pleadings is a type of motion used in civil procedure in Virginia. It is filed after both sides have filed their pleadings (complaint, answer, etc.) but before trial. It can be used to ask the court to decide the case on the basis of written pleadings, without the need for a trial. The filing party must show that, even with all facts as pleaded by both sides, there is no genuine dispute and the moving party is entitled to judgment. For example, if the defendant has admitted all of the plaintiff’s allegations in the complaint, the plaintiff may file a motion for judgment on the pleadings. The court would not need to go any further, as the defendant has essentially admitted their guilt. Likewise, if the plaintiff has failed to state a claim, the defendant may file a motion for judgment on the pleadings, asking the court to dismiss the case. In both cases, the motion for judgment on the pleadings is a way for the parties to avoid the expense and time of a trial. If the court grants the motion, it may enter judgment in favor of the moving party. Otherwise, the court may deny the motion so that the case can proceed to trial.

Related FAQs

What is a negligence per se claim?
What is the difference between a settlement conference and a motion for summary judgment?
What are the rules for determining a case's jurisdiction?
What is the difference between a motion to intervene and a motion to join a case?
What are the remedies for discovery violations?
What is the difference between a motion to dismiss and a motion for summary judgment?
What are the rules and procedures for a change of venue?
What is a counterclaim?
What is a motion for sanctions?
What is a motion for a permanent injunction?

What is a motion for judgment on the pleadings?

Related FAQs

Related Blog Posts