Legal Question in Civil Litigation in Massachusetts

Failure to state a claim - Merit or Form

If a pro se plaintiff forgets to state a claim on their pleadings due to not being experienced in pleadings, is this taken as merit on the case or just form of the pleading?


Asked on 1/18/09, 1:12 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Failure to state a claim - Merit or Form

It calls for a 12(b)(6) motion or for a motion for judgment on the pleadings.

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Answered on 1/19/09, 5:11 pm

Re: Failure to state a claim - Merit or Form

An appropriate motion to dismiss the complaint should be filed immediately along with a request for an award of counsel fees.

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Answered on 1/21/09, 12:32 pm


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