Christopher G. asked

⚖️  Law

I am short on time and less than 90 days from the trial date. I have two choices: filing a motion for summary judgment under Rule 12(b)(6) for failure to state a claim upon which relief can be granted, or filing a motion for judgment on the pleadings under Rule 12(c). Both options could lead to a Rule 56 motion for summary judgment when facts are provided. I used the affirmative defense of failure to state a claim upon which relief can be granted in my answer to the complaint. I am the defendant in Arizona. What should I do?

May 12th, 2023

Kimberly C. answered

Given that you are within 90 days of the trial date, the court's ability to hear your motion is limi...

May 12th, 2023

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