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Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureMedium

A plaintiff filed a complaint in federal court. The defendant believes the complaint contains insufficient detail regarding the factual basis of the claim. To challenge the sufficiency of the allegations, which type of motion should the defendant file?

  1. AMotion for a more definite statement under Federal Rule of Civil Procedure 12(e).
  2. BMotion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).
  3. CMotion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c).
  4. DMotion to strike under Federal Rule of Civil Procedure 12(f).
Show answer & explanation

Correct answer: A. Motion for a more definite statement under Federal Rule of Civil Procedure 12(e).

Federal Rule of Civil Procedure 12(e) allows a party to move for a more definite statement if a pleading to which a responsive pleading is required is so vague or ambiguous that the party cannot reasonably prepare a response. This directly addresses complaints that lack sufficient detail.

Why the other options are wrong

  • B. A 12(b)(6) motion challenges the *legal sufficiency* of the claim, assuming the facts are true. It's not about lack of detail, but rather that even with the alleged facts, there's no legal right to relief.
  • C. A 12(c) motion for judgment on the pleadings is typically filed *after* the pleadings are closed and asserts that, based on the pleadings alone, one party is entitled to judgment as a matter of law.
  • D. A 12(f) motion to strike is used to remove redundant, immaterial, impertinent, or scandalous matter from a pleading, or an insufficient defense, not to demand more factual detail.

Motion for a More Definite Statement (Rule 12(e))

A pre-answer motion requesting a party to clarify a pleading that is so vague or ambiguous that the moving party cannot reasonably prepare a response.

  • Must be filed *before* filing a responsive pleading.
  • Only appropriate if the vagueness truly prevents preparing a response.
  • Not a substitute for discovery to obtain more detailed information.

Memory trick: Pleadings 'Challenge' needs a 'Rule 12' answer.

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