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Source Pretrial Motions Pretrial Motions Matched to this deck.

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0 tracked cards Civil Procedure

A plaintiff sued for breach of a written contract and attached the contract to the complaint. The defendant moved for judgment on the pleadings and attached a new affidavit from its controller describing settlement negotiations not mentioned in the complaint. The court wants to rely on the affidavit to resolve disputed facts.
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A Rule 12(c) motion can never be converted to summary judgment. If matters outside the pleadings are presented on a Rule 12(b)(6) or Rule 12(c) motion and not excluded, the motion must be treated as one for summary judgment and all parties must be given a reasonable opportunity to present pertinent material. The court must dismiss the case as a sanction if a party attaches outside evidence to a Rule 12(b)(6) motion. Conversion is required whenever the complaint quotes from a document.

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