Which of the following statements is true about pretrial motions?
A) In deciding the motion for judgment on the pleadings, the judge cannot consider any facts outside the pleadings.
B) In deciding the motion for summary judgment, the case cannot be decided before trial by a judge.
C) If a judge finds that a factual dispute exists, the motion for summary judgment will be approved.
D) If a judge finds that a factual dispute exists, the case will not go to trial.

Question

Quizplus · Accepted Answer

In deciding the motion for judgment on the pleadings, the judge is limited to considering only the facts stated in the pleadings (complaints and answers) without looking at any external evidence. This is because the purpose of such a motion is to determine whether the pleadings alone establish any legal basis for the action to proceed or be dismissed.

Which of the Following Statements Is True About Pretrial Motions