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Federal Rules of Civil Procedure (FRCP) QUESTION #3700
Question 1
A plaintiff sues a defendant. The defendant files a motion to dismiss under Rule 12(b)(6). The court looks at the complaint and a separate affidavit submitted by the defendant that contradicts the complaint's facts. If the court decides to consider the affidavit, how must it treat the motion?
  • As a Rule 12(b)(6) motion with extra evidence.
  • As a motion for summary judgment under Rule 56.✔️
  • The court is forbidden from looking at anything outside the four corners of the complaint.
  • As a motion for a more definite statement.
Correct Answer Explanation
Rule 12(d) states that if, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56.