Civil procedure
Rule 12(b)(6)
Rule 12(b)(6) is the provision that lets a defendant seek dismissal for failure to state a claim upon which relief can be granted.
It tests the complaint, not the evidence. The court assumes the alleged facts are true, ignores legal conclusions dressed up as facts, and asks whether what is left states a plausible claim. Losing on a 12(b)(6) motion means the pleading was insufficient, not that the plaintiff is wrong.
Dismissals under this rule come in two flavors. Without prejudice means the plaintiff may replead, often within a set number of days. With prejudice means the claim is finished in that court and the next step is an appeal.
In practice the ruling shapes the whole case. Surviving the motion means the plaintiff gets discovery, which is the expensive part and the reason many defendants who expect to lose the motion still file it.
How it appears on a docket
ORDER granting 42 Motion to Dismiss under Rule 12(b)(6). Count II is dismissed without prejudice; plaintiff may file an amended complaint by 12/22/2025.
Governing rule
Fed. R. Civ. P. 12(b)(6)
Related terms
- Motion to Dismiss — A motion to dismiss asks the court to throw out some or all of a case without reaching the facts, usually because the complaint is legally defective.
- Amended Complaint — An amended complaint is a revised version of the complaint that replaces the original one entirely.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where rule 12(b)(6) actually shows up. New to federal dockets? Start with how to find a federal case.