Twombly and Rule 12(e) — FJC Rule 12(e) Study

Download associated file: FJC 12e Paper.pdf 

At the meeting of Standing Committee on Rules of Practice and Procedure last week at Pasadena, the Chair, Judge Lee Rosenthal, raised the question as to whether Rule 12(e) (Motion for a More Definite Statement) is still useful in light of the Supreme Court's decision in Twombly. Attached is a study by Joe Cecil and George Cort of Federal Judical Center concerning the use of Rule 12(e) even before Twombly (namely, during the year 2006) and concluding that "such motions are rarely filed, when filed are rarely decided, and when decided are rarely granted."

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