And to decide whether the complaint sets forth a cognizable legal claim, the judge will assume that each factual allegation is true. It also means a judge considering a motion to dismiss will only look at the allegations contained in the complaint when making their determination as to the complaint’s sufficiency. That means the parties have yet to engage in discovery or develop evidence to either support or refute the plaintiff’s allegations. Motions to dismiss are usually filed early in the case as the defendant’s initial response to the complaint. Both rules are essentially the same, as is the analysis of a complaint’s legal sufficiency. 12(b)(6) forms the basis for such motions in federal court. As noted, motions to dismiss for failure to state a claim in New Jersey state court are governed by N.J. But if the complaint doesn’t include essential elements of a valid legal claim – even if all the facts alleged are taken as true – a defendant can file a motion to dismiss for failure to state a claim upon which relief can be granted. That response can be an answer in which the defendant admits or denies the specific factual allegations in the complaint.
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