§ 12.12 Motion for Judgment on the Pleadings

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 12.12 Motion for Judgment on the Pleadings

South Carolina Rule of Civil Procedure 12(c) provides:

After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.

Federal Rule of Civil Procedure 12(c) provides that "[a]fter the pleadings are closed - but early enough not to delay trial - a party may move for judgment on the pleadings."

In Oakatie Hotel Group, LLC v. Amerisure Insurance Co. ,¹¹⁹ the federal district court explained the standard on ruling on a motion for judgment on the pleadings and what could be considered by the court:

In ruling on a Rule 12(c) motion for judgment on the

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