NCJ Number
119595
Date Published
1989
Length
19 pages
Annotation
Data from civil cases terminated in two Federal district courts in 1975 and 1988 formed the basis of an analysis of changes in the use of Rule 12(b)(6), of whether motions under this rule fail to lead to the disposition of cases, and whether Rule 11 has had any demonstrable effect in cases involving Rule 12(b)(6).
Abstract
The research was prompted by a proposed rule change that would eliminate motions to dismiss that are made before a defendant files an answer to a complaint and that are based on the failure to state a claim upon which relief can be granted. The proposed revision also makes it clear that an opportunity for any necessary discovery should be provided before the court renders judgement on the pleadings or summary judgement. The analysis found that the amount of Rule 12(b)(6) activity has diminished between 1975 and 1988, based on a sample of 640 cases terminated in 1988 and a 1975 sample from the same two courts and four others. In addition, in the 1988 sample, the Rule 12(b)(6) motion led to final termination of the entire case in 3 percent of the sample. Such motions were filed in 13 percent of the sample and the motions were granted in 6 percent. Granting the motion led either to termination of the case as a whole or with respect to one or more defendants in 5 percent of the sample. Little evidence was found of Rule 11 activity in the cases in which Rule 12(b)(6) motions had been filed. No Rule 11 sanctions were imposed in any of the cases in the sample of 1988 terminations. Tables and footnotes.