Failure to State a Claim

What is Failure to State a Claim?

Fed. Rule 12(b) allows a motion to dismiss a complaint for failure to state a claim upon which relief may be granted. After hearing and argument, the court decides whether the elements of a legal claim have been stated and will either dismiss the claim or allow an amended complaint.

Further Reading

For more detailed information, see our related Civil Procedure terms:

• Motion for Substitution of Parties
• Responsive Pleading
• Relation Back
• Show Cause Order
• Memorandum of Law

Reviewed by

Stephanie Bagnall

Licensed Attorney and Legal Researcher

Stephanie Bagnall is a Georgia-licensed attorney and legal researcher with experience in accessibility law, compliance, employment law, and legal writing. She helps develop and review BarPrepHero's Legal Terms content for clarity, accuracy, and usefulness to bar exam students.

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