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 are the rules for filing a counterclaim?What are the rules of evidence in civil procedure?
What is a motion in limine?
What is a motion to change venue?
What is a motion to intervene?
What is the statute of limitations for civil actions?
What are the steps of arbitration proceedings?
What is the difference between a motion to transfer venue and a motion to dismiss?
What are the rules for joinder of parties in a civil suit?
What is the difference between a motion to dismiss and a motion for summary judgment?
Related Blog Posts
Understanding Civil Procedure Basics - July 31, 2023Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023