12(B)(6) VS SUMMARY JUDGMENT

1) R.12(b)(6) Failure to State a Claim Upon Which Relief can be Granted

a) Test: Assuming the facts in the pleading are true, does the party assert all the necessary elements / make a legal claim the court can grant relief to? b) When Raised: Pursuant to 12(b) / 12(h)(2).

1) R.56 Summary Judgment

a) Test: Is there a genuine dispute as to any material fact? b) When Raised: At any point in the proceedings. c) Notes: Evidence viewed in light most favorable to non-moving party. Dispute must be material, rather than just a minor quibble over inconsequential details. Partial SJ means a party wins on one issue, but may still need to prove the rest of the case (usually for plaintiffs).