Failure to State a Claim

Learn about the definition for this legal term.

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:

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