If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501. Courts routinely dismiss civil complaints for failure to state a claim but seldom dismiss criminal indictments under the analogous Criminal Rule 12 for failure to state. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. The research was prompted by a proposed rule change that would eliminate motions to dismiss that are made before a defendant files an answer to a complaint. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over. In the case of Rule 12(b)(6) motions to dismiss, the rule is both specific and general. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. Federal Rule of Civil Procedure (FRCP) 12 governs federal motions to dismiss. A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. This Motion Also Fails on the Merits Untimely motions to dismiss are sometimes treated as a motion for judgment on the pleadings. A procedural device that enables defendants to try to dispose of some or all of a plaintiffs claims at the beginning of a case.
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