Can someone please explain a motion for judgement on the pleadings?

I'm taking online classes to become a paralegal and I need help understanding a motion for judgment on the pleadings. I have tried to get help from my teacher without any luck. Please explain the motion in easy to understand terms or give me an example. Thanks,

HeatherCan someone please explain a motion for judgement on the pleadings?Are you in California? If so, a motion for judgment on the pleadings is similar to a demurrer - EXCEPT the defendant has filed an answer to the complaint.



A motion for judgment on the pleadings can be made if the complaint fails to state facts sufficient to constitute a cause of action - i.e. the statute of limitations has passed, or in the case of a government entity defendant, plaintiff has failed to plead the statute upon which liability is based, has failed to state that he has complied with the claims presentation requirements, etc.



A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint. So, the defects have to be evident within the complaint and no outside evidence - other than what can be judicially noticed - can be presented.



The facts alleged within the complaint are deemed to be true for the purposes of the motion for judgment on the pleadings.



Hope this helps! If you need a sample motion for judgment on the pleadings, please let me know and I think I can dig one up (or at least point you to the proper link).



I think it's the same thing in most other states and also in federal court (at least with a brief search that I have done on google/yahoo). If outside evidence is introduced, it is usually converted into a motion for summary judgment.Can someone please explain a motion for judgement on the pleadings?a person asks the court for something, such as damages in a tort case. They are asking the judge to rule favorably regarding the pleading (in this case, damages).



Make sense?



Put it this way... an attorney has made a pleading, usually a detail of the case and the request for damages, or relief of some sort. The court has the pleading, and all pertinent information in the case.

An attorney (usually) then makes a "motion" to have the court (judge) to actually make the decision in favor of the pleading.



Hope this helps. It is best I can do at the moment..