Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureMedium
A plaintiff filed a complaint in federal court, alleging a complex civil conspiracy. The defendant believes that the allegations in the complaint are so vague and ambiguous that they cannot reasonably prepare a response. Which of the following motions is most appropriate for the defendant to file?
- AMotion to strike under Rule 12(f).
- BMotion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6).
- CMotion for a more definite statement under Rule 12(e).
- DMotion for summary judgment under Rule 56.
Show answer & explanationAnswer & explanation
Correct answer: C. Motion for a more definite statement under Rule 12(e).
A motion for a more definite statement under Rule 12(e) is appropriate when a pleading is so vague or ambiguous that a party cannot reasonably prepare a response. It seeks to compel the opposing party to clarify their allegations.
Why the other options are wrong
- A. This motion is used to remove redundant, immaterial, impertinent, or scandalous matter from a pleading, not to clarify vague allegations.
- B. This motion argues that even if all facts alleged are true, no legal claim exists. It does not address vague or ambiguous allegations that prevent a response.
- D. This motion is filed after discovery and argues that there is no genuine dispute of material fact, entitling the moving party to judgment as a matter of law. It's premature and irrelevant to vague pleadings.
Motion for More Definite Statement (FRCP 12(e))
A motion requesting that a pleading be made more specific because it is so vague or ambiguous that the moving party cannot reasonably prepare a response.
- Used before filing a responsive pleading.
- Only applies if the pleading is truly unintelligible, not just lacking detail.
- If granted, the court orders the pleader to amend their pleading.
Memory trick: Rule 12: Before you ANSWER, you can ASK for a lot of things.