What’s the difference between summary judgment and judgment on the pleadings? Learn how each motion works, when to use them, and how Legal Husk can support your litigation strategy.

Summary Judgment vs. Judgment on the Pleadings: Key Differences

Introduction

In civil litigation, procedural motions like summary judgment and judgment on the pleadings allow parties to resolve legal issues without a trial. But these two motions serve distinct purposes, rely on different standards, and are used at different stages in a case.

Understanding the differences between summary judgment (Rule 56) and judgment on the pleadings (Rule 12(c)) is essential to knowing when and how to file them—and how to respond.

This article explains how both motions work, when they’re appropriate, and how to use them to gain strategic advantage.

Need help drafting either motion? Visit legalhusk.com or legalhusk.com/services/civil-litigation.

What Is a Motion for Judgment on the Pleadings?

A motion for judgment on the pleadings asks the court to decide the case based solely on the content of the pleadings (complaint, answer, counterclaims) without considering outside evidence.

Governed by Rule 12(c) in federal court:

“After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.”

Used to test whether the pleadings reveal a legally sufficient claim or defense.

What Is a Motion for Summary Judgment?

A motion for summary judgment, governed by Rule 56, argues that there are no genuine disputes of material fact and that the moving party is entitled to judgment based on the law and the evidence.

Unlike judgment on the pleadings, this motion relies on documents outside the pleadings, such as:

• Depositions
• Affidavits
• Discovery responses
• Video or photo evidence

Key Differences Between the Two Motions

1. Timing

• Judgment on the Pleadings: Filed after pleadings close (typically early in the case)
• Summary Judgment: Filed after discovery is complete or substantially underway

2. Evidence Used

• Judgment on the Pleadings: Only pleadings are considered
• Summary Judgment: All admissible evidence is considered

3. Legal Standard

• Judgment on the Pleadings: Is the claim legally sufficient based on the facts alleged?
• Summary Judgment: Are there genuine factual disputes that require a trial?

4. Purpose

• Judgment on the Pleadings: Dismiss legally deficient claims
• Summary Judgment: Resolve factually insufficient claims

5. Typical Use

• Judgment on the Pleadings: Procedural defects or complete legal bars
• Summary Judgment: After building a factual record through discovery

Examples of When to Use Each Motion

Judgment on the Pleadings:

• Plaintiff fails to state a claim even if all allegations are true
• Statute of limitations is clear from the face of the complaint
• Immunity defense is evident from the pleadings

Summary Judgment:

• No admissible evidence supports a key element of the claim
• Plaintiff cannot prove causation despite months of discovery
• Documents and depositions contradict the other party’s story

Risks and Limitations

Judgment on the Pleadings:

• Rarely granted unless the complaint is clearly defective
• Plaintiff can usually amend the complaint

Summary Judgment:

• Expensive and time-consuming
• Courts may deny if credibility disputes exist
• Strong evidentiary support required

Strategic Considerations

• Filing 12(c) can narrow the issues early and reduce discovery scope
• Filing Rule 56 can push toward resolution or settlement
• Filing both at different times may create procedural advantages

How Legal Husk Can Help

At Legal Husk, we:

• Draft Rule 12(c) motions that target legally insufficient pleadings
• Prepare Rule 56 summary judgment motions backed by evidence
• Identify which motion fits your case strategy and court rules
• Respond to opposing motions with compelling legal arguments

📌 Start your case strategy at:

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

Final Thoughts

Judgment on the pleadings and summary judgment serve different but powerful roles in civil litigation. Knowing when and how to use them can dramatically reduce litigation time and cost—or even win your case outright.

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