Learn how to strategically use both Rule 12(b)(6) motions to dismiss and Rule 56 motions for summary judgment in one lawsuit. Legal Husk explains how to build a layered legal defense.

Combining Legal Strategies: Using Rule 12(b)(6) and Rule 56 Effectively

Introduction

Litigation isn’t just about arguing facts or citing law—it’s about timing, positioning, and making the right move at the right moment. Two of the most powerful procedural tools available to litigants are Rule 12(b)(6) (motion to dismiss) and Rule 56 (motion for summary judgment). While each motion can be filed independently, using them together is often a winning strategy.

In this guide, Legal Husk shows how to combine both motions effectively to challenge claims at multiple stages of litigation, reduce exposure, and increase your chances of early success.

Understanding Rule 12(b)(6)

A Rule 12(b)(6) motion allows a defendant to ask the court to dismiss a lawsuit for "failure to state a claim upon which relief can be granted."

Key Features:

• Based on pleadings only (no evidence is submitted)
• Filed before discovery begins
• Tests legal sufficiency, not factual disputes

When to Use It:

• The complaint is vague or conclusory
• Plaintiff fails to allege all legal elements of a claim
• Procedural defects are apparent on the face of the complaint

Understanding Rule 56

A Rule 56 motion asks the court to grant judgment because there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

Key Features:

• Based on evidence, including affidavits, depositions, and documents
• Filed after discovery is complete
• Tests factual sufficiency and legal merit

When to Use It:

• Discovery shows the opposing party lacks evidence
• The material facts are undisputed
• The facts support only one legal conclusion

Why Use Both Motions?

Using both Rule 12(b)(6) and Rule 56 motions creates a layered defense strategy:

• Rule 12(b)(6) eliminates claims that are legally invalid before discovery begins
• Rule 56 eliminates claims that are factually unsupported after discovery ends

By combining these tools, you:

• Reduce time spent in unnecessary litigation
• Lower legal costs
• Increase leverage in settlement talks

Timeline for Filing Both

1.     Initial Response:

o   File a Rule 12(b)(6) motion instead of answering the complaint

o   If granted, claims are dismissed early

2.     Discovery Phase:

o   If the motion is denied or partially granted, conduct discovery strategically

o   Gather evidence for future use in a Rule 56 motion

3.     Post-Discovery:

o   File a Rule 56 motion targeting remaining claims based on evidence

o   Argue there is no genuine dispute and no need for trial

Real-World Application: How Legal Husk Uses Both

Scenario: A business is sued for breach of contract and fraud.

• Legal Husk first files a Rule 12(b)(6) motion to dismiss the fraud claim for failure to plead with particularity.
• The court dismisses the fraud claim but allows the breach of contract claim to proceed.
• During discovery, Legal Husk obtains emails and payment records disproving the breach.
• A Rule 56 motion is filed with the evidence. The judge grants summary judgment.

Result: No trial. Entire case resolved in the client’s favor.

Tips for Effective Motion Strategy

1. Don’t Overuse Either Motion

• Use Rule 12(b)(6) only when a legal flaw is clear
• Use Rule 56 only when the facts are indisputably in your favor

2. Tailor Each Motion to the Case

• Dismissal motions should focus on clear legal deficiencies
• Summary judgment motions must cite and explain relevant evidence

3. Keep Motions Focused and Concise

• Judges prefer clear, logical arguments over lengthy, unfocused briefs

4. Use Each Motion to Shape the Narrative

• Frame your case from the beginning through legal theory (Rule 12(b)(6))
• Reinforce your position later with facts and documents (Rule 56)

How Legal Husk Helps Build a Layered Motion Strategy

At Legal Husk, we:

• Evaluate claims and defenses for early Rule 12(b)(6) opportunities
• Draft persuasive, court-ready dismissal motions
• Guide discovery to support a later summary judgment filing
• Draft complete Rule 56 motions with affidavits, exhibits, and legal analysis
• Help sequence your filings for maximum legal advantage

📌 Get expert support at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

The most successful litigation strategies don’t rely on one tactic. By combining Rule 12(b)(6) and Rule 56, you create a multi-phase approach that targets weak legal theories early and exposes factual weaknesses later. It’s efficient, effective, and highly persuasive.

📩 Want to build a layered motion strategy for your case? Contact Legal Husk to get started with expert-crafted motions tailored to your litigation goals.